District Agricultural Association—Public Corporation.—A district agricultural association, organized under the act of April 15, 1880, for the purposes specified therein, is a public agency of the state, within its exclusive management and control, and is charged with the performance of a part of the functions of the state government. Such an association is a public corporation.

Id.—Property Exempt prom Execution—Assent op State—Liability to Suit.—The property of such an association, used to carry on the purposes for which it was formed, is so far public property that it cannot be taken in execution and sold thereon to enforce payment of a judgment, unless the state has manifested its assent thereto by a law permitting it to be done. No such assent has been given by the state. The fact that the statute of April 15, 1880, provides that such an association may sue and be sued does not imply such assent.

Id.—Setting Aside Judgment—• Statute op Limitations — Fraud.— Under subdivision 4 of section 338 of the Code of Civil Procedure, an action to set aside a judgment against such an association, on the ground that • it was obtained through the fraudulent failure of the district board of agriculture to plead certain facts that would have been a good defense to the action in which the judgment was rendered, must be commenced within three years, but the period of limitation does not begin to run until after the discovery of the facts constituting the fraud.

lo.—Pleading Discovert of Fraud—Insufficient Averments.—An allegation in the complaint to set aside the judgment, that the failure to set up the so-ealled defense in the action in which the judgment was rendered “was not discovered hy the plaintiff, or the said relators, or any of them, until within two months next before the commencement of this action,” is not sufficient to excuse the delay in bringing the action after three years from the rendition of the judgment, when the complaint does not allege any reason for the failure to make the discovery, nor state that any diligence had' been exercised, nor show that if reasonable diligence had been exercised, it would not have been discovered sooner.