Gallagher
Gallagher v. Barstow
Opinion
Lead Opinion
Nourse, J.
Plaintiff sued on a complaint setting forth two separate causes of action, each for the recovery of $104.78, representing separate assessments for street improvements upon two separate lots belonging to the defendant. Judgment was rendered in favor of plaintiff upon both causes of action, and from this judgment the defendant appeals.
The street improvement proceedings were conducted under provisions of the ordinance of the city and county of San Francisco enacted by the board of supervisors and approved by the mayor on September 4, 1913. The ordinance was. enacted under the specific grant of power contained in section 33, chapter 2, of article VI of the San Francisco charter and has been before the supreme court "in a number of other eases. (Federal Construction Co. v. Wolfson, 186 Cal. 267 [ 199 Pac. 512 ], and eases there cited.) The plaintiff pleaded the ordinance merely by reference to its title and to the time of its passage, the method authorized by section 459 of the Code of Civil Procedure, and approved in Church v. Grady, 40 Cal. App. 194, 195, 196 [ 180 Pac. 548 ], and Federal Construction Co. v. Wolfson, 186 Cal. 267, 283, 284 [ 199 Pac. 512 ], Appellant insists that…