Babcock

City Street Improvement Co. v. Babcock

Bad Law
123 Cal. 205·1898 Cal. LEXIS 1014·55 P. 762
Supreme Court of CaliforniaDecember 30, 1898S. F. No. 845California1,271 words

Opinion

Lead Opinion

Harrison, J.

Action upon a street assessment. The proceedings for the work covered by the assessment were taken under the street improvement act as amended in 1891. Section 3 of the act (Stats. 1891, p. 196) contained the following-provisions: “The owners of a majority of the frontage of the-property fronting on said proposed work or improvement, where-the same is for one block or more, may make a written objection to the same within ten days after the expiration of the time of the publication and posting of said notices, which objection shall be delivered to the clerk of the city council, who shall indorse thereon the date of its reception by him, and such objection, so delivered and indorsed, shall be a bar for six months to any further proceedings in relation to the doing of said work or making said improvement, unless the owners of the one-half or more of the frontage as aforesaid shall meanwhile petition for the same to be done.”

*206 In the present case, the board of supervisors passed a resolution of intention to order the work February 26, 1894, and the court finds that within ten days after the expiration of the time of the publication and posting of the notice of said resolution the…

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