Reclamation District No. 3 v. Goldman

Citations

• 65 Cal. 635
• 4 P. 676
• 1884 Cal. LEXIS 659

Syllabus

<p>Swamp Lands—Beclamation Assessment—Pleading—Law of the Case.— In an action to enforce an assessment for the reclamation of swamp lands, a judgment in favor of the defendant on a general demurrer to the complaint was appealed from and reversed. On a second appeal, it was objected by the defendant that the action should have been brought in the name of the people, and not in the name of the reclamation district. Held, that the previous decision had become the law of the case on this point, and that the objection could not be sustained.</p> <p>Id.—Re-organization of Beclamation District—Calling Meeting of Land Owners— Swamp Land Clerk. —A meeting of land owners for the purpose of re-organizing, under the Act of the 28th of March, 1868, a reclamation district previously formed, was called by a notice signed by the swamp land clerk, an officer created by that act. Held, that the meeting was properly called.</p> <p>Id. — Enforcing Reclamation Assessment—Constitutional Law.—Where a reclamation assessment can only he enforced by suit, in which notice must ho given to the defendant, and an opportunity afforded him to be heard in respect to the assessment without restriction as to the defenses he may interpose, the constitutional provision as to due process of law is not violated.</p> <p>Id.—Validity of Assessment—Land Omitted Therefrom.—It was competent for the commissioners under the Act of 1868, to omit from the assessment land within the boundary of the district which would not he benefited by the reclamation.</p> <p>Id.—Approved Plans—Deviation.—The Act of 1868 did not require a strict compliance with the approved plans in doing the work. Some discretion was vested in the trustees, and a trifling deviation from the plans, or a deviation beneficial in its character, will not vitiate the proceedings.</p> <p>Id.—Formation of District—Approval by Board of Supervisors.—In re-organizing a reclamation district under the Act of 1868, the approval of the board of supervisors w