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Williams v. Board of Supervisors

THOMAS H. WILLIAMS v. THE BOARD OF SUPERVISORS OF SACRAMENTO COUNTY

Williams v. Bd. of Supervisors, 3 P. 667 (Cal. 1884)
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Court
California Supreme Court · State Highest Courts
Decided
April 29, 1884
Docket
No. 9,186
Citations
3 P. 66765 Cal. 1601884 Cal. LEXIS 478
Syllabus
Certiorari—Swamp Lands.—An order of a board of supervisors creating a swamp land district is not a judicial act, and cannot be reviewed upon certiorari.
Summary
Appeal from a judgment of the Superior Court of the county of Sacramento. Henry Hebb, an owner of lands included in an organized swamp land district, applied to the supervisors to have his land segregated and made a new and independent district, under the provisions of the Act of April 15, 1880, amendatory of section 3484 of the Political Code. A protest was filed by Williams, the respondent, who was a land owner in the district. The board granted the petition of Hebb. Williams procured a writ of review from the Superior Court, and upon a hearing the action of the board was annulled. The appeal is from this judgment. " -

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The Court.

—The order of a board of supervisors, creating a district for the reclamation of swamp land, is an act of legisla *161 lion, in the exorcise of the taxing or police power of the State, which is not reviewable upon certiorari. (Bixler v. County of Sacramento, 59 Cal. 700 .) The writ of certiorari is, as a remedy, only available for the review of an act judicial in its character.

Judgment reversed and cause remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1894: 11905: 21914: 11919: 11925: 11928: 11957: 118942026peak 1905 · 2

Relies on it most ⓘ

  1. Coe v. City of Los Angeles183 P. 822 (Cal. Ct. App. 1919)
  2. Jaques v. Board of Supervisors141 P. 404 (Cal. Ct. App. 1914)
  3. Board of Supervisors v. Superior Court310 P.2d 37 (Cal. Ct. App. 1957)
  4. Luckehe v. Reclamation District No. 2054238 P. 760 (Cal. Ct. App. 1925)
  5. Rico v. Snider134 F. 953 (1905)
  6. Wulzen v. Bd. of Supervisors of City & Cty of San Francisco35 P. 353 (Cal. 1894)

Most recent

  1. Board of Supervisors v. Superior Court310 P.2d 37 (Cal. Ct. App. 1957)
  2. People v. City of Los Angeles269 P. 934 (Cal. Ct. App. 1928)
  3. Luckehe v. Reclamation District No. 2054238 P. 760 (Cal. Ct. App. 1925)
  4. Coe v. City of Los Angeles183 P. 822 (Cal. Ct. App. 1919)
  5. Jaques v. Board of Supervisors141 P. 404 (Cal. Ct. App. 1914)
  6. Gilde v. Superior Court81 P. 225 (Cal. 1905)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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