Hughes

Hughes v. Ewing

Good Law
1892 Cal. LEXIS 576·93 Cal. 414·28 P. 1067
Supreme Court of CaliforniaFebruary 18, 1892No. 14441California1,414 words

Opinion

Lead Opinion

Harrison, J.

The board of supervisors of Fresno *417 County, on September 6, 1890, changed the boundaries of Fresno City school district by excluding therefrom certain lands described in the complaint herein, and transferring the same to other districts. Prior to that date, the electors of the district had voted to raise the sum of six thousand dollars for the purpose of building a school-house, but the trustees of the district did not certify the fact to the supervisors until the 23d of September, 1890. Thereafter, on the first Monday of October, the supervisors, at the time of levying the county taxes, levied a tax sufficient to raise the sum thus voted upon all the property that was within the district at the time the vote was had, including the lands described in the complaint. The present action is brought by the plaintiffs as owners of said lands to declare the tax null and void as to those lands, and to restrain the defendant Ewing, the tax collector of the county, from collecting the same, and from selling any of the lands described in the complaint for said tax.

A school district, when organized as provided by the Political Code, is a public corporation of a quasi municipal…

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