Burns

Burns v. Casey

Good Law
13 Cal. App. 154·1910 Cal. App. LEXIS 211·109 P. 94
Court of Appeal of CaliforniaApril 6, 1910Civ. No. 634.California5,418 words

Opinion

lead Opinion

Hart, J.

This is a suit for the foreclosure of a lien arising upon an assessment of the property of the appellant, situated in the city of Sacramento, for the improvement of the street upon which said property abuts.

A decree foreclosing said lien and authorizing the sale of said property for the satisfaction of the said assessment, costs, etc., was entered, and this appeal is brought here by the defendant, Casey, from the judgment, unaccompanied either by a bill of exceptions or the evidence in any form.

The legality of the assessment is challenged upon the alleged ground that the board of trustees of the city of Sacramento never acquired jurisdiction to order the work to be done. This contention is founded upon -an alleged insufficient description in the resolution of intention of the proposed improvement—that is, that with regard to the description of the work to be done, there were material defects in the specifications, which were made a part of the resolution of intention.

Section 3 of the so-called “Vrooman street law” (Stats. 1905, p. 64) provides: “Before ordering any work done or improvement made which is authorized by section 2 of this act, the city council shall pass a…

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