Quint v. Hoffman

Citations

• 103 Cal. 506
• 37 P. 514
• 1894 Cal. LEXIS 810

Syllabus

<p>Irrigation District—Public Corporation—Collateral Attack Upon Organization.—An irrigation district is a public corporation, formed under a general law for the promotion of the public welfare; and the validity of its organization cannot be attacked collaterally in an injunction suit to prevent the sale of lands for assessments levied by the district, by showing that the board of supervisors acted without their jurisdiction in effecting the organization of the irrigation district.</p> <p>Id.—Validity op Assessment—Corporation De Jure.—The validity of an assessment levied by an irrigation district in no way depends upon the de jure character of the corporation, and it is immaterial whether the district be a corporation de jure or de fació.</p> <p>Id.—Exorbitant Assessment—Injunction—Payment op Just Tax.—If the levy of an assessment by an irrigation district is in excess of the power of the board , and the tax is more than the plaintiff can be compelled to pay, he will not be entitled to relief in a court of equity until he has paid the amount the board had power to levy upon his land, it being a matter of computation equally as exact as the computation showing that the levy was at too high a rate.</p>