Farwell
Farwell v. San Jacinto & Pleasant Valley Irrigation District
Opinion
Lead Opinion
Welch, J.
The plaintiff is the owner and holder of certain bonds issued by the defendant corporation. She instituted this action September 7, 1917, to recover about $83,000, principal and interest owing to her on said bonds. The defendant and intervening land owners of the district made two principal defenses to the cause of action of plaintiff, namely, that the cause was barred by the limitation of subdivision 1, section 337, of the Code of Civil Procedure, and that by a judgment of the superior court in and for the county of Riverside given, made, and entered on June 17, 1899, in a quo warranto proceeding, the defendant corporation was adjudged to have no existence and that it was never duly organized or brought into being, and further, that it was usurping the rights and franchises of a public corporation. The court decided the cause herein in favor of the defendant and the interveners. The appeal is from the judgment upon the judgment-roll alone. For the facts of the case we must look to the pleadings and findings of the court.
Under what is known as the Wright Act, approved March 7, 1887, (Stats. 1887, p. 29), and an act amendatory thereof, (Stats. 1891, p. 147), defendant in the…