County of San Diego v. County of Riverside

Caution
125 Cal. 495·1899 Cal. LEXIS 887·58 P. 81
Supreme Court of CaliforniaJuly 28, 1899L. A. No. 391California722 words

Opinion

Lead Opinion

Beatty, J.

This action was commenced in the county of Los Angeles to recover certain moneys claimed to have been received by the defendant to the use of plaintiff. Defendant demurred to the complaint upon the grounds of absence of jurisdiction and want of facts. The superior court overruled the demurrer, and, defendant declining to answer, entered judgment for the plaintiff, from which this appeal is prosecuted.

If the facts alleged in the complaint constitute a cause of action, there appears to be-no ground upon which the jurisdiction of the court can he successfully assailed.

It appears from the complaint, among other things, that the county of Riverside was created by an act of the legislature, approved March 13, 1893 (Stats. 1893, p. 158), out of territory formerly belonging, part to the county of San Diego and part to the county of San Bernardino, and that commissioners were appointed in pursuance of the provisions of said act to settle and adjust the mutual claims and obligations of the counties of Riverside and San Diego, with respect to the property and existing indebtedness of the latter county; that said commissioners duly organized and afterward made their award, by which it was…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.