Jaques

Jaques v. Board of Supervisors

Good Law
1913 Cal. App. LEXIS 97·22 Cal. App. 627·135 P. 686
Court of Appeal of CaliforniaAugust 19, 1913Civ. No. 1154.California2,373 words

Opinion

Lead Opinion

Hart, J.

The court below, upon motion of the defendants, dismissed the proceedings in certiorari directed against said defendants, the ultimate object of the writ being to secure a decree anulling and setting aside as void all the proceedings of the defendant, board of supervisors, culminating in the formation of the defendant, Reclamation District No. 784, situated in Yuba County. The complaint specifically refers to the several proceedings of said board of supervisors leading to the formation of said reclamation district and makes them a part thereof. The defendants each demurred to the complaint and filed a motion to dismiss.

This appeal is from the judgment entered upon the order dismissing the action, and is upon the judgment-roll alone, said appeal having been taken under the new or alternative method of taking appeals provided by sections 953a, 953b, and 953c of the Code of Civil Procedure.

The sole question now before this court arises upon a motion to dismiss this appeal on the following grounds, as set forth in the notice of said motion: 1. Insufficiency of said notice of appeal; 2. Insufficiency of the service of said notice; 3. That said notice was not prepared, served, or…

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