Quint

Quint v. Hoffman

Good Law
103 Cal. 506·1894 Cal. LEXIS 810·37 P. 514
Supreme Court of CaliforniaAugust 8, 1894No. 18306California511 words

Opinion

lead Opinion

Garoutte, J.

This is an action commenced by the plaintiff to enjoin the defendant, P. H. Graham, as collector of Central Irrigation District, from selling any lands of the plaintiff, and of others similarly situated, for assessments levied in the year 1892. A temporary injunction was issued upon the filing of the complaint, which was subsequently dissolved upon the ground that the facts stated therein were not sufficient to entitle the plaintiff to the relief demanded, and thereupon this appeal was taken from such order of dissolution.

The only question presented by this appeal is, Does the complaint state sufficient facts to entitle the plaintiff to a perpetual injunction?

1. The organization of the Central Irrigation District is assailed, and it is insisted that the validity of that organization may be attacked collaterally in this proceeding, by showing that the board of supervisors acted without their jurisdiction in effecting its organization. This position cannot be maintained. An irrigation district of this character is a public corporation, formed under a general law, and its object is the promotion of the general welfare. (People v. Selma Irrigation District, 98 Cal. 206 , and cases…

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