Directors of Fallbrook Irrigation District v. Abila

Citations

• 106 Cal. 365
• 39 P. 793
• 1895 Cal. LEXIS 614

Syllabus

<p>Irrigation District—Confirmation of Proceedings—Issuance of Bonds —New Trial.—In proceedings for the confirmation of the organization of an irrigation district, and of its issuance and sale of bonds, a new trial may be granted as to a specified issue, and denied as to other issues.</p> <p>Id.—Construction of Statute—“Issues”—Evidentiary Bindings.—The “issues” referred to by the statute are those which the statute authorizes the court to determine, viz: The validity of the organization of the district, and the validity of the proceedings of the board of directors for the issuance of bonds; and these issues are distinct from subordinate and evidentiary findings of the court.</p> <p>Id.—Election for Issuance of Bonds — Departure from Statute.— Where the order for an election for the issuance of bonds made by the directors of the district and the notice of election called for the opening and closing of the polls earlier and later than the time fixed by the statute, and persons were allowed to vote at the election after sunset, the effect of the departure from the statute renders the election nugatory.</p> <p>Id.—Corporation as Actor—Burden of Proof.—The corporation is the actor in the proceedings taken under the statute, and tenders the issues upon which it asks that its proceedings for the issuance and sale of bonds may be approved and confirmed by the court, and the burden of proof upon those issues is upon the corporation.</p> <p>Id.—Attack Upon Bonds—Presumption—Absence of Proof.—The presumptions and rules of construction which would be applicable in a collateral attack upon the bonds after they have been issued have no application to proceedings taken under the statute to obtain an approval of their issuance; and the defendants are not required to show the absence of any fact essential to the establishment of any issues presented for determination, but the failure of the corporation to make proof of such facts requires the court to deny its petition.</p> <p>Id.—