Chinn

Chinn v. Superior Court of San Joaquin Cty.

Caution
156 Cal. 478·1909 Cal. LEXIS 351·105 P. 580
Supreme Court of CaliforniaNovember 19, 1909S.F. No. 5298.California1,165 words

Opinion

Lead Opinion

Lorigan, J.

This is an original petition for a writ of mandate.

It appears from the petition for the writ that P. E. Lindstrom and others made application to the board of supervisors of San Joaquin County for the formation of an irrigation district in said county to be known as “The South San Joaquin Irrigation District.” The application was made under the provisions of the act of 1897 (Stats. 1897, p. 254, Gen. Laws, p. 501), and such proceedings were had in the matter that on March 22, 1909, an order granting the application for the formation of the district was made by the board, and the objections of the petitioners for this writ against the inclusion of their lands within said district were overruled.

Section 4 of the Irrigation Act provides for an appeal directly to the superior court of the county from such order of the board of supervisors, said appeal to be taken and heard in the same manner as appeals from the justice’s court to the superior court, with power conferred on the superior court to enter a judgment affirming, modifying, or reversing the order of the board of supervisors appealed from.

The present petitioners, being dissatisfied with the order made by the board of…

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