Security-First National Bank v. Board of Supervisors

A writ was issued in the trial court for the purpose of reviewing the proceedings and orders of the Board of Supervisors of Riverside County in connection with the organization of the Hemet Irrigation District, which proceedings had been taken under the act of March 31, 1897 (Stats. 1897, p. 254), and the various acts amendatory thereof. After a hearing on the matter an order and judgment were entered annulling the proceedings and orders of the Board of Supervisors on the ground that the board was without jurisdiction to make the orders in question. The defendants named in the petition and an intervener have appealed from the judgment and from an order refusing to vacate the same, and have attempted to appeal from an order denying a new trial.

The main attack upon the judgment is founded upon the contention that under authority of Halpern v. Superior Court, 190 Cal. 384 [ 212 Pac. 916 ], the recitals in the resolutions and orders passed by the board, to the effect that evidence had been received and that certain facts existed, are conclusive. The case referred to involved the orders of a court of general jurisdiction and is not controlling here. An exception to the general rule,…