Turner

The plaintiff claims to he a public corporation, organized March 11,1892, under the provisions of the Political Code, for the purpose of reclaiming swamp and overflowed lands, and brought this action *335 against the defendant to recover the amount of an assessment made upon his lands within the district for the purpose of constructing the works necessary to reclaim the lands therein, together with certain incidental expenses connected therewith.

The cause was tried by the court without a jury, and findings were filed from which the conclusion was drawn that the defendant was entitled to judgment for his costs, and judgment was entered accordingly.

The appeal is from the judgment upon the judgment-roll alone.

1. The answer attacked the validity of the organization of the district, as a corporation, and alleged that it had no capacity to sue.

This court has repeatedly held that corporations similar to the plaintiff in this case are .of a quasi public •character, and that the legality and regularity of the proceedings leading up to their final creation cannot be attacked collaterally. This is the course attempted to be pursued here, and a long line of authority is opposed to it.…