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Lake County v. Allman

Supreme Court of California
May 14, 1894
102 Cal. 432 (Cal. 1894)

Opinion

         Department Two

         Appeal from a judgment of the Superior Court of Lake County.

         COUNSEL:

         D. A. MacDougal, and MacDougal & Sheridan, for Appellant.

          J. M. Hamilton, and Hudson & Sayre, for Respondent.


         OPINION

         THE COURT

         This is an appeal from the judgment by defendant upon the judgment-roll, without any bill of exceptions, from a judgment against him in a condemnation proceeding brought to open a private road over certain land of defendant.          The point that the proceeding cannot be maintained in the name of the county is, we think, not well taken. Under section 2690 of the Political Code it may be brought by the county in the matter of opening a public road; and by section 2692 the same provisions apply to what are called "private or by roads."

         The statement in the complaint of the land sought to be taken, together with the name filed, constitute a sufficient description of such land.

         The findings, we think, are sufficient. They show that "the public interest demand and require" that the road be established; and the damages are also found with sufficient particularity. They are not defective in any material matter. We see no reversible error.

         Judgment affirmed.


Summaries of

Lake County v. Allman

Supreme Court of California
May 14, 1894
102 Cal. 432 (Cal. 1894)
Case details for

Lake County v. Allman

Case Details

Full title:LAKE COUNTY, Respondent, v. JOHN ALLMAN, Appellant

Court:Supreme Court of California

Date published: May 14, 1894

Citations

102 Cal. 432 (Cal. 1894)
36 P. 767

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