Hopkins v. Contra Costa County

Citations

• 106 Cal. 566
• 39 P. 933
• 1895 Cal. LEXIS 642

Syllabus

<p>Pleading—Joinder of Causes of Action.—Completeness of Counts.— Where the complaint sets up more than one cause of action, each count must be complete in itself, and must contain all of the facts necessary to constitute a cause of action, and its defects cannot be supplied from other statements, unless such statements are expressly referred to and adopted as a part of it.</p> <p>Id.—Estates of Deceased Persons—Action by Executors—Defective Reference to Preliminary Facts.—In a complaint by executors to recover sums of money expended by the deceased in fencing a public road, where the preliminary facts set out as to the death of the decedent, and the making of the will, and the probate of the will are not stated or in any way referred to in either count of the complaint, each count thereof is fatally defective.</p> <p>Id.—Laying Out of Road—Jurisdiction of Supervisors—Defective Bond.—The fact that the bond accompanying the petition for the opening of the road was defective, and that the signers did not justify as required by law, does not deprive the board of supervisors of jurisdiction to appoint viewers and to order the road laid out and opened.</p> <p>Id.—Action for Expense of Fencing Road—Liability of County— Condition of Road District.—Where the order approving the report of the viewers and declaring the road a public highway provides that whenever, in the opinion of the board, the financial condition of the districts will warrant, the county will pay for fencing the road, and such parties as may have fenced part of the road at their own expense may then be reimbursed therefor in accordance with the report of the viewers, those who have incurred the expense of fencing are entitled to maintain an action against the county for reimbursement of the same as soon as the financial condition of the district is such as to warrant it.</p> <p>Id.—Assignment of Claim fob Collection.—An assignment of a claim may be made for the purpose of having it included in a suit for c