# Reclamation Dist. No. 108 v. Hagar

> California Supreme Court · October 28, 1884 · 66 Cal. 54

URL: https://www.frixlaw.com/law-library/cases/5441846

## Case

- **Full name:** RECLAMATION DISTRICT No. 108 v. GEORGE HAGAR
- **Court:** California Supreme Court
- **Decided:** October 28, 1884
- **Citations:** 66 Cal. 54; 4 P. 945; 1884 Cal. LEXIS 682
- **Precedential status:** Published
- **Opinion:** Concurrence by McKinstry
- **Judges:** McKee, McKinstry, Myrick, Sharpstein, Thornton
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5441846

## Opinion text

McKinstry, J.
I concur.With respect to the action being brought in the name of the reclamation district, I add : The complaint contains a statement of facts constituting a cause of action, to enforce which the plaintiff (quasi a municipal corporation) is alone interested. It seems to be admitted that plaintiff is “ the real party in interest,” and the general rule is that an action must be brought in the name of the real party in interest. (C. C. P., § 367.) The statute has been construed as authorizing an action like the present to be commenced in the name of the people of the State. (People v. Sagar, 52 Cal. 171 .) If it be conceded that the effect of the statute is to deprive plaintiff of its *59 capacity to sue in its own name, the objection to its legal capacity could only be taken by special demurrer. (C. C. P. §§ 430, 434.) Nor is People v. Haggin, 57 Cal. 579 , to the contrary. In that case it was assumed that the action was commenced under the Political Code, and the Political Code does not authorize such an action to be prosecuted in the name of the people of the State.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5441846. Public record. Not legal advice.