Jaques

This was an application for a writ of review to annul the proceedings of the board of supervisors of Yuba County relating to the organization of reclamation district number 784. The defendants appeared and demurred to the petition or complaint upon the grounds, among others, that the complaint does not state facts sufficient to constitute a cause of action and that the plaintiffs have not the legal capacity to sue, it appearing that plaintiffs as individuals are seeking to attack the validity of the organization and legal existence of a reclamation district, a public or quasi public corporation. Subsequently motions to dismiss the action were made by defendants. After hearing the matter the court rendered its decision sustaining the demurrers and dismissing the action and the appeal is from the judgment entered in pursuance of said decision.

Several contentions are made by appellants and argued with much force, learning, and ability, but it is deemed necessary to consider only one point as that is decisive of the controversy.

In the complaint it is alleged: ‘ ‘ That it is claimed and asserted and at all times since on or about May 6, 1908, it has been claimed and asserted by…