Mason v. Austin

Citations

• 46 Cal. 385

Syllabus

<p>Assessment on Swamp Lands.—Lands, the title to which is vested in the State under the Act of Congress donating the swamp- lands to the States, are not liable to the assessment in the City and County of San Francisco, levied under the order of the Board of Supervisors called Order Eight Hundred, which assessment was made to raise a fund to pay the possessors of outside lands dedicated to public use, the value of the lands so dedicated.</p> <p>Appeal from Order Granting New Trial.—Questions as to the sufficiency of the pleadings cannot be raised on an appeal from an order granting a new trial.</p> <p>New Trial.—If the Court below is of the opinion that the evidence preponderates against the verdict, it is its duty to grant a new trial.</p>