Charters

Charters v. Stansbury

Good Law
10 Cal. App. 192·1909 Cal. App. LEXIS 264·101 P. 418
Court of Appeal of CaliforniaMarch 8, 1909Civ. No. 594.California313 words

Opinion

lead Opinion

Taggart, J.

This is an action to quiet title against the lien of a street assessment bond. It is unnecessary to state the facts of the case. The bond issued for the payment of street improvement work done pursuant to the “Vrooman act” in the city of Los Angeles under the same specifications considered by the supreme court in Woollacott v. Meekin, 151 Cal. 701 , [ 91 Pac. 912 ], and Van Loenen v. Gillespie, 152 Cal. 222 , [ 96 Pac. 87 ], and by this court in Glassell v. O’Dea, 7 Cal. App. 472 , [ 95 Pac. 44 ]. In all these cases it was held, on the authority of Blochman v. Spreckels, 135 Cal. 662 , [ 67 Pac. 1061 ], and Goldtree v. Spreckels, 135 Cal. 666 , [ 67 Pac. 1091 ], that such specifications rendered void the assessment for street work based thereon.

The other point made, that the judgment should be reversed because the term of office of the city treasurer who was made one of the defendants expired after the cause was submitted and before it was decided by the trial court, and his successor in office was not substituted as a defendant in the action, is hardly to be seriously considered. The decree adjudicates that the assessment and bond are void, and the injunction granted runs…

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