Johnston

On the petition of plaintiff the superior court of Glenn county issued a writ of review to the defendant board, commanding it to certify and return to that court all its proceedings in laying out and establishing a public road upon plaintiff’s land.

It is not disputed that the defendant obeyed the writ by returning certified copies of all matters of record, and all matters required to be recorded relating to the laying out and establishing of said road, showing, among other things, that the board duly appointed three persons — Stockwell, Knock, and Armstrong — as viewers of the proposed road, a majority of whom — Armstrong and Knock — reported to the board that they had viewed and surveyed the proposed road, and that they recommended that it be established and opened; The board approved the report of the viewers, and ordered the road “ to be opened as a public road according to law,” and declared the amount of damages awarded to each non-consenting landowner; and that the amount awarded to plaintiff for damages was ten hundred and ten dollars.

The court below found that, in the matter of laying out the road, the defendant had not, in any respect, exceeded its lawful…

concurring. — I concur in the judgment. Upon the face of the return to the writ the proceedings of the board of supervisors were regular, and nothing to the contrary is suggested by the appellant. The only point urged by her as error is the refusal of the court to allow the return to be amended by an ex parte affidavit that there was testimony before the board of supervisors to the effect that one of the signers of the report did not view or lay out the road. The affidavit did not purport to state that the viewer did not act, but that some per *395 sons had stated that he did not act. It needs no argument to show that a return cannot be amended in this manner.

Whether the board of supervisors acquired jurisdiction of the proceedings is a question which is not presented by the record before us, and upon which no opinion should be expressed. I am not prepared to hold that the mere fact of giving the notice required by the statute vests the board of supervisors with such jurisdiction over the proceedings as to preclude the right to show that the purported report, upon which their right to give such notice rests, was never made. This is entirely different from attempting to show that…