Dowling

Dowling v. Conniff

Good Law
103 Cal. 75·1894 Cal. LEXIS 724·36 P. 1034
Supreme Court of CaliforniaJune 13, 1894No. 15361California908 words

Opinion

lead Opinion

Vanclief, J.

Action to enforce payment of an assessment for work done on a crossing of two main streets (Tenth and Harrison) in the city of San Fran *76 cisco. The work to be done, and which was done by plaintiff, was described in the resolution of intention as follows:

“That the roadway of the crossing of Tenth and Harrison streets be paved with basalt blocks (except that portion required by law to be kept in order by the railroad company having tracks thereon) and that granite cross-walks be laid thereon.”

The plaintiff on the trial offered as evidence his warrant, the diagram of the lots assessed, and his affidavit of demand and nonpayment, all in due form; whereupon the defendant objected to the diagram, assessment and the warrant, on the ground that the assessment is void, because it appears thereby that the work was done on a crossing of main streets, and that defendant was not only assessed for that portion of his lot which fronts (45 feet) on Tenth street, but was also assessed for eighty feet of the same lot fronting on Sheridan street, which is a small subdivision street in the quarter block northeast from said crossing of main streets and terminating in Tenth street; whereas, it…

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