People v. Hagar

Citations

• 52 Cal. 171

Syllabus

<p>Plaintiff in Action to Recoves. Swamp Land Assessment.—An action to recover an assessment levied for reclamation purposes in a swamp land district, organized under the Act of March 28th, 1868, may be prosecuted in tlie name o£ the people oí tbe State.</p> <p>Joinder of Actions.—If several tracts of swamp land, of the same owner, be separately assessed under one assessment, the assessments on tbe several tracts may be recovered in one action.</p> <p>General Denial in Verified Answer.—A general denial in a verified answer is inadmissible, and may be stricken out on motion of the plaintiff.</p> <p>Estoppel.—Whenever the jurisdiction oí a Court not of record depends on a fact which the Court is required to ascertain and settle by its decision, such decision, if the Court has jurisdiction of the parties, is conclusive, and not subject to any collateral attack.</p> <p>Land held under Mexican Grant mat be Included in Swamp Land District.—Under the Act of March 28th, 1868, land held under a confirmed Mexican grant may ho included and assessed in a swamp land district.</p> <p>Immaterial Averment in Answer.—If the petition for the formation of a, swamp land district under the Act of March 28th, 1868, is signed by persons purporting to be holders of certificates of purchase, patents, or other evidences of title, representing at least one-half of the land in the proposed district, and if the petition is approved and the district organized by the Board of Supervisors, in an action to enforce an assessment, an averment in the answer that there were a large number of land-owners in the district who did not sign the petition is immaterial and may be stricken out.</p> <p>Immaterial Error.—A judgment will not be reversed for an error which did not prejudice the appellant.</p> <p>Corporation. — Under the Act of March 5th, 1864, corporations might he formed for the purpose of purchasing and reclaiming swamp lands.</p> <p>By-laws for Swamp Land District.—Under the Act of March 28th,