Board of Directors of Modesto Irrigation District v. Tregea

Citations

• 88 Cal. 334
• 26 P. 237
• 1891 Cal. LEXIS 696

Syllabus

<p>Irrigation Districts — Confirmation of Bonds — Notice—Publication — Jurisdiction. — Under the act of March 16, 1889 (Stats. 1889, p. 212), providing for the judicial confirmation of the validity of bonds of irrigation districts, the publication, as prescribed by the act, of a notice of the filing of the petition is sufficient to give the superior court jurisdiction to render a judgment binding upon the lands of the district and their owners, affirming the regularity of the organization of the irrigation district and the legality and validity of its orders for the issuance of its bonds.</p> <p>Id. — Sufficiency of Notice. •—The notice required to he published under the act is to be construed and aided by reference to the statute, and is sufficient if it states the filing of the petition and the substance of the prayer thereof, and in other respects conforms to the statute.</p> <p>Id. — Prayer of Petition — Construction — Proceedings for Organization.— The prayer of the petition, “that the proceedings aforesaid for the issue and sale of said bonds of said irrigation district may he judicially examined, approved, and affirmed by said court,” must be read, in connection with the petition, as including a prayer for the approval and confirmation of all the proceedings set out in the petition, including that for the organization of the district and all other proceedings affecting the legality and validity of the bonds and of the order for their sale.</p> <p>Id. — Notice of Substance of Prayer. — The published notice sufficiently states the substance of such prayer if it state that the petition prays “that the proceedings for the issue and sale of the bonds of said district may be examined, approved, and confirmed.”</p> <p>Id. — Knowledge of Law — Presumption — Notice of Allegations of Petition — Res Adjudicata. — A knowledge of the law authorizing and regulating the proceeding is imputed to every one interested in the proceeding; and all persons in the district are boun