# Butte Co. v. Boydstun

> California Supreme Court · August 31, 1886 · 2 Cal. Unrep. 699

URL: https://www.frixlaw.com/law-library/cases/5453458

## Case

- **Full name:** BUTTE CO. v. BOYDSTUN
- **Court:** California Supreme Court
- **Decided:** August 31, 1886
- **Citations:** 2 Cal. Unrep. 699; 11 P. 781
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 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/5453458

## Opinion text

By the COURT.
There was no misjoinder of parties defendant. The complaint was sufficient. There was no error in striking out that portion of defendant’s, Boydstun’s, answer, which attempted to raise an issue as to the necessity of taking the land for the road. The question of necessity is settled by the board of supervisors, and, having so determined, it is not a question for the court to pass on: Tehama Co. v. Bryan, 68 Cal. 57 , 8 Pac. 673 .
Judgment affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5453458. Public record. Not legal advice.