Cohn

Cohn v. Thompson

Good Law
47 Cal. App. 135·190 P. 381
Court of Appeal of CaliforniaApril 15, 1920Civ. No. 2083.California1,605 words

Opinion

Lead Opinion

Burnett, J.

The appeal is on the judgment-roll, and the contention of appellants is that, upon the findings, the judgment should have been in their favor. It appears that proceedings for certain street work in the city of Bakersfield were instituted and carried through under the provisions of the Vrooman Act, [Stats. 1885, p. 147], and the Bond Act of 1893, [Stats. 1893, p. 33], All the proceedings were entirely regular, except that the city council did not definitely designate the period of time over which the bonds should extend, the declaration of intention simply stating as to this that “said serial bonds shall extend over a period not to exceed five years from their date.” After the completion of the work the superintendent of streets made out an assessment, diagram, and warrant covering the expenses of the work and recorded them in his office. The warrant contained the following: “Serial bonds bearing interest at the rate of eight per cent per annum and extending over a period of time ending four years from and after the second day of January next succeeding their date are to be issued to represent the cost and expense of the work described in the assessment,” etc.

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