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· 5/4/1891

Keena v. Board of Supervisors of Placer County

Citations

  • 89 Cal. 11
  • 26 P. 615
  • 1891 Cal. LEXIS 757

Syllabus

<p>Abandonment of Road — Ordinance of Supervisors — Definition.— The words “proper ordinance,” as used in section 2643 of the Political Code, providing that the board of supervisors must by proper ordinance abolish or abandon such roads as are not necessary, mean nothing more, and require nothing more, than a proper order of the board, entered in its minutes.</p> <p>Id. — Construction of Political Code — County Government Act. — Section 2643 of the Political Code cannot be construed in connection with the County Government Act, which was passed after its adoption, but must be construed with reference to other parts of the Political Code.</p> <p>Id. — Petition — Bond. — A petition for the abandonment of a road need not he accompanied by a bond.</p> <p>Id.—Vacation of Order—Certiorari—Rights of Owners of Land. — An order vacating a previous order abandoning a road, and re-establishing the highway, without proceedings for condemnation and compensation to owners of lands through which the road passed, will be annulled upon certiorari at suit of one of such owners.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that when the appellant raises trial court instructional error for the first time on appeal, the purported “failure to give these charges is reviewed for plain error”
  • “The appellant bears the burden of proving error by the appellate record . . . .”
  • “Nolle prosequi does not adjudicate innocence or guilt unless the accused has been placed in jeopardy.”(citation omitted)
  • “The appellant bears the burden of proving error by the appellate record,” and where “insufficient information was preserved in the record for appellate review, the trial court ruling must be upheld.”
  • \The appellant bears the burden of proving error by the appellate record.\
  • “The appellant bears the burden of proving error by the appellate record,” and where “insufficient 5 information was preserved in the record for appellate review, the trial court ruling must be upheld.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Belcher

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