Swamp and Overflowed Land Dis. No. 110 v. Feck

Citations

• 60 Cal. 403
• 1882 Cal. LEXIS 477

Syllabus

<p>Demurrer—Complaint—Capacity to Stje.—The objection that it does not appear from the complaint, that the plaintiff was ever duly created a swamp and overflowed land district, goes to the legal capacity of the plaintiff to sue, and not to the sufficiency of the facts stated to constitute a cause of action.</p> <p>Id.—Id.—Id.—Answer.—It is not a good ground of demurrer that it does not appear in the complaint that the plaintiff had the legal capacity to sue. The omission can only be taken advantage of by answer.</p> <p>Swamp Land Assessment—Reclamation—Joinder op Actions.—Two assessments for reclamation purposes in a swamp land district made on the same land at different times may be recovered in the same action.</p> <p>Id.—Id.—Case Distinguished.—Dyer v, Barstow, 50 Cal. 652, is not a parallel case.</p> <p>Id.—Id.—Estimate of Wobk.—Neither the Board of Trustees of a swamp land district, nor its engineer, has authority to include in its estimate of the cost of work necessary for reclamation the value of work done before the Board had any existence.</p> <p>Id.—Id.—Id.—By-law.—A by-law providing that the value of work already done should be included in such estimate is inconsistent with the provisions of the Code upon the subject.</p>