McBean

McBean v. Redick

Good Law
1892 Cal. LEXIS 923·96 Cal. 191·31 P. 7
Supreme Court of CaliforniaSeptember 13, 1892No. 14680California670 words

Opinion

Lead Opinion

Haven, J.

— This is an action to recover upon an assessment for the construction of a sewer upon one of the streets of the city of San Bernardino, and for the *192 foreclosure of the alleged lien of such assessment upon a lot owned by defendants.

The superior court made and filed findings, and thereupon rendered judgment for the defendants. The plaintiff appeals. There is no bill of exceptions in the record, and the only question to be considered is whether the findings support the judgment.

The foundation of plaintiff’s right to maintain the action rests upon the resolution of intention passed by the board of city trustees to do the work for which the assessment sought to be foreclosed was made. In relation to this, the court finds that such trustees duly adopted a resolution of intention to construct a sewer along that part of Third Street, in the city of San Bernardino, which lies “ between the center of the intersection of B with said Third Street, and the center of the intersection of I and Third streets,” and that said resolution was duly posted and published according to lav/. The court further finds: “ That subsequently, and in due time, and without any further resolution of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.