Borel v. Bogg
Borel v. Bogg
Opinion of the Court
The question in this case is as to the conclusiveness of the survey of the boundary line between Sonoma and Napa counties, as approved by the surveyor general of this state. The court below held that it was conclusive, and refused to receive evidence to contradict the survey.
Section 3972, Political Code, reads: “All surveys finally approved under the provisions of this chapter are conclusive ascertainments of lines and corners included therein.”
Either the above section is unconstitutional or the survey is conclusive. It is claimed that the section is unconstitutional, in that it attempts to confer on the surveyor general judicial functions. We do not think that the functions exercised by him are judicial in their character; he is not, under
No question is presented of improper action on the part of the surveyor general.
Judgment affirmed.
Reference
- Full Case Name
- ALFRED BOREL v. A. G. BOGG
- Status
- Published
- Syllabus
- Counties—The Line Dividing the Counties of Sonoma and Napa, as fixed by a survey approved by the surveyor general under authority of section 3972' of the Political Code, is conclusive. Constitutional Law—Surveyor General—Judicial Functions.— Section 3972 of the Political Code, making the validity of surveys depend upon the approval of the surveyor general, did not confer judicial functions upon that officer.