Bolton

Bolton v. Gilleran

Good Law
105 Cal. 244·1894 Cal. LEXIS 1144·38 P. 881
Supreme Court of CaliforniaDecember 26, 1894No. 15397California2,635 words

Opinion

lead Opinion

Harrison, J.

The board of supervisors of the city and county of San Francisco passed a resolution of intention June 1, 1891, to construct sewers in Fell street, and certain connecting streets, “ according to plans and specifications prepared by Charles S. Tilton, city engineer.” After an order for said improvement of the streets had been passed, the board of supervisors caused notice for sealed proposals to do the work to be given, and, *247 upon receiving bids therefor, awarded the contract to the respondents, Conklin & Co. After the completion of their contract the superintendent of streets made an assessment therefor, which, after being recorded, was delivered to the said respondents. A portion of the expense for doing the work was assessed against certain lands of the plaintiff, and this action was brought by her to obtain a judgment declaring that the contract made with said respondents for the work be declared null and void, and that the assessment be declared not to be a lien upon any of her said property. Judgment was rendered in favor of the defendants, from which the plaintiff has appealed upon the judgment-roll without any bill of exceptions.

The legislature of the state has…

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