Board of Directors v. Westenberg

MARKS, J. This is a motion to dismiss the appeal of the Shafter-Wasco Irrigation District (hereinafter called the district) from a judgment refusing to confirm the dissolution proceedings of the district. The motion is made upon the ground that the time fixed by statute for the hearing and determination of the appeal has expired and that this court has lost jurisdiction to hear and determine the same.

The district was duly organized and is existing under the laws of the state. It took proceedings for its voluntary dissolution under an act entitled “An act to provide for the dissolution of irrigation districts, the ascertainment and discharge of their indebtedness, and the distribution of their property.” (Stats. 1903, p. 3, as amended; Deering’s Gen. Laws, 1937, Act 3876.) We will hereinafter refer to this legislation as the act. __

After taking proceedings for its dissolution under the prior sections of the act, the district filed its petition in the Superior Court of Kern County, being the county in which it is located, to determine the validity of the proceedings and plan for dissolution. Respondents appeared and contested the proceedings and judgment went against the district. The appeal followed.

The last two sentences of section 4 of the act, under which section the proceedings in the court below were had, provide as follows:

[486]“Such action shall be speedily tried and judgment rendered. Either party shall have the right to appeal at any time within thirty days after the entering of such judgment, and the appeal must be heard and determined within three months after the taking of such appeal. ’ ’

It would appear that the petition was filed in the court below on December 16, 1941. The contest of respondents was filed on April 22, 1942, and the cause proceeded to trial on that day. Findings of fact and conclusions of law were signed and filed on May 20, 1942, and the judgment was filed and entered on the same day. Notice of appeal to this court was filed on June 19, 1942. Notice of request for transcript was filed on June 25, 1942. The clerk’s transcript was certified on July 13th and the reporter’s transcript on August 13, 1942. Both transcripts were.filed in the office of the clerk of this court on August 17, 1942, and appellant’s opening brief was filed on September 16, 1942. The motion to dismiss was filed on October 1, 1942, and was argued on October 13, 1942, both dates being prior to the time in which respondents’ brief must be filed.