Hutson v. Woodbridge Protection District No. 1
Citations
- 79 Cal. 90
- 21 P. 435
- 1889 Cal. LEXIS 677
Syllabus
<p>Constitutional Law—Due Process of Law—Assessment to Protect Lands from Overflow.—The act of April 15, 1880, “to provide for the protection of lands from overflow, other than lands recognized as swamp lands,” is unconstitutional in so far as it provides for making assessments therefor a charge upon the lands benefited, and for sale of the assessed lands to pay such assessments, for the reason that the act provides no opportunity for a hearing of the land-owner in regard to the assessment, but makes the assessment an absolute lien upon the propl erty, and provides for a summary sale thereof to pay the assessment, without any suit or opportunity of defense to the land-owner, and so would deprive him of his property without due process of law.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “the exhibit attached to . . . appellate brief but not appearing in the record transmitted by the trial court cannot be considered by this court”
- “A 2 See also Wertz v. Marshall, 351 Ga. App. 108, 109–10 (830 SE2d 491) (2019) (physical precedent only
- where court otherwise has subject matter jurisdiction, defendant’s waiver “confers jurisdiction of his person regardless of the fact that process was not served on him or that the service may have been defective”
- “Since each of the alternative grounds which [appellant] fails to address is sufficient on its face to support the judgment rendered, and no reversible error has been demonstrated with respect to either of them, the judgment must be affirmed” (citation and punctuation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Thornton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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