Dean v. Davis

Citations

• 51 Cal. 406
• 1876 Cal. LEXIS 62

Syllabus

<p>A Public Cobpobation.—An act of the Legislature which requires the supervisors of a county, upon the petition of persons in the possession of more than one-half of the acres of any specified portion of the county, to erect such specified portion into a levee district for the purpose of reclaiming the same from overflow, and then provides the details by which the reclamation shall be effected, makes a levee district organized by the Board of Supervisors a corporation, and a public corporation, even if the act does not in terms declare it a corporation.</p> <p>Attack on Bight op Cobpobation to act as Such.—In such case, if the petition to the Board of Supervisors appears on-its face to be signed by persons owning a majority of acres, and the district is in fact exercising corporate powers, the validity of its corporate existence can be tested only by proceedings in behalf of the people, and it cannot be shown in a collateral action that persons owning a majority of acres did not sign the petition, and that the charter was therefore procured through fraud.</p> <p>Injunction to Besteain Collection on Tax.—An injunction will not be granted to restrain the collection of a tax, when it does not appear that the complainant would sustain irreparable injury, or the sale would cast a cloud on the title.</p> <p>Idem.—The above rule is applicable to an assessment for a local improvement as well as to a state and county tax.</p>