Clark v. City of San Francisco

Plaintiffs ask judgment that the City and County pay to them three-eighths of the moneys assessed as the value of certain outside lands taken for a public park. The case shows that plaintiffs had no claim delineated on the “ Outside Land Map,” and were therefore not within the category of those recognized by the ordinances and statutes relating to the lands in which they now assert a right. It further appears that the lands were delineated on the map at the request and in the name of a *311 corporation—the “ Citizens’ Homestead and Road Association that plaintiffs never paid the taxes and assessments on the lands, but that the same were paid by the Association, and that no copy of the complaint was filed with the Clerk of the Board of Supervisors, nor did plaintiffs otherwise attempt to intervene between the Board and the Homestead Association. (Statutes 1867—68, secs. 4 and 8; Statutes 1869—70, sec. 3.)

Under these circumstances it is obvious that plaintiffs have no claim against the City and County.

Uor does the record show a case against the other defendants. Assuming (as is claimed by plaintiffs) that the corporation was dissolved by the expiration of the period of its…