Burkett v. Bd. of Supervisors of San Joaquin Cty.

California Supreme Court

Burkett v. Bd. of Supervisors of San Joaquin Cty.

18 Cal. 702, 1861 Cal. LEXIS 280

CourtCalifornia Supreme Court

DecidedJuly 1, 1861

StatusPublished

Cited by1 cases

This text of 18 Cal. 702 (Burkett v. Bd. of Supervisors of San Joaquin Cty.) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burkett v. Bd. of Supervisors of San Joaquin Cty., 18 Cal. 702, 1861 Cal. LEXIS 280 (Cal. 1861).

Pincite

Opinion

Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

Waiving serious objections to the remedy selected by the complainants in this case, we think that the whole case shows no legal or equitable ground for the interposition of the Court as prayed for.

The first order for laying out the road was unexecuted; no rights [704]*704of the complainants had vested, and full power remained in the Board to lay out the road differently from the mode first proposed. The, first order is not in the nature of a power exercised and exhausted, but at the most merely a mode proposed of executing the.power, which could be changed at any time before rights had vested under it.

Other points need not he noticed.

Judgment affirmed.

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