Decker v. Perry

Citations

• 4 Cal. Unrep. 488
• 35 P. 1017
• 1894 Cal. LEXIS 1204

Syllabus

<p>Irrigation District.—A Complaint Against an Irrigation District Officer alleged that such proceedings had been had before the board of supervisors that said board declared the district duly organized. Held, no averment that the district was incorporated, as provided by act of March 7, 1887, since it did not show the jurisdiction of the board, or an election held, or that its declaration “was duly given or made,” or that a copy of the order had been filed for record.</p> <p>Irrigation District — Assessment. — A Complaint to Recover Money Paid on a public assessment must show the nature of the proceedings to collect it, the threat of which constituted the compulsion.</p> <p>Irrigation District—Assessment.—Where Thirty-three Days must have Elapsed, after plaintiff paid the assessment, before the three weeks’ advertisement of sale of his land therefor could have begun (Stats. 1891, p. 245), and he does not allege that any sale had been álready advertised or otherwise threatened when he paid, he fails to show any intention to sell it such as would make his payment involuntary.</p>