Newberry

Newberry v. Evans

Good Law
1926 Cal. App. LEXIS 511·76 Cal. App. 492·245 P. 227
Court of Appeal of CaliforniaFebruary 10, 1926Docket No. 2950.California6,370 words

Opinion

Lead Opinion

Hart, J.

The Wilfred-Bellevue Drainage District, which is situated in the county of Sonoma, is, as its name implies, a drainage district, and was organized and is existing as such under and by authority of the laws of the state of California. (See Stats. 1903, p. 291, and Stats. 1915, p. 1321.) At all times mentioned in the pleadings and the evidence, the defendants, other than defendant Morken, were duly elected and acting members of the board of directors of said District. The times at and during which said Morken became and acted as a member of the said board will later be shown.

The plaintiff, prior to and at the time of the institution of this action, was the owner of real property situated within the boundaries of said Drainage District and which has been, at all the times mentioned in the complaint, assessed for the payment of taxes in and to said District, “and taxes thereon during said period have been and now are paid by this plaintiff into the treasury of said drainage district. ’ ’

It appears that, at some time prior to the first day of January, 1921, the board of directors of the said WilfredBellevue Drainage District (hereinafter, for convenience and brevity to be referred…

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