Rankenberg

Fay Improvement Co. v. Rankenberg

Good Law
1924 Cal. LEXIS 332·193 Cal. 488·225 P. 751
Supreme Court of CaliforniaApril 25, 1924S. F. Nos. 10868, 10869.California506 words

Opinion

Lead Opinion

Seawell, J.

These actions were brought to foreclose liens for street improvement work done under the order and by the direction of the hoard of trustees of Daly City, county of San Mateo, as provided by the Street Improvement Act, approved April 7, 1911. (Stats, and Amendments 1911, p. 730.) The same questions of law being presented by each, they have been consolidated for the purposes of appeal and presented as one cause.

Each complaint contains two causes of action and each cause of action was demurred to on the ground that it failed to state facts sufficient to constitute a cause of action. The specific and only defect or ground of demurrer urged or presented by appellants is that the complaints fail to allege the establishment by said city of an official line and grade; further, that they fail to allege that the work was done to the official line and grade. Said demurrers were overruled. Appellants answered and the court rendered a judgment in each case confirming the validity of the assessment liens imposed upon the property of appellants. The appeals are taken upon the judgment-rolls alone.

The findings of the court are amply supported by the records of the proceedings taken by the…

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