Whitmore

City of Stockton v. Whitmore

Good Law
50 Cal. 554
Supreme Court of CaliforniaJuly 1, 1875No. 4854California386 words

Opinion

lead Opinion

The action is to recover an assessment for street-work in the city of Stockton. Section 26 of the act of March 27, 1872, to reincorporate the city of Stockton, prescribes the method by which the city council acquires jurisdiction to order such work to be done; and it is therein provided that when the council shall deem it expedient to cause any such work to be done, it shall cause a survey and estimates of the proposed work to be made, “and a time fixed for the hearing upon such propositions. All parties in interest shall be notified of the time and place of such hearing, either by personal notice or by advertisements for ten days in some newspaper published in said city.’' In this case the council proposed to improve the west half of East street from North street to South street, and the notice of their intention to do so was duly published. At the hearing the council decided to improve only so much of the west half of East street as lies between Scott avenue and Main street, being only a portion of the work included in the resolution of intention. It is objected that the council acquired no jurisdiction to order to be done only a portion of the work specified in the resolution,…

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