Himmelmann

Himmelmann v. Reay

Good Law
1 Cal. Unrep. 505
Supreme Court of CaliforniaJuly 16, 1869No. 1666California719 words

Opinion

Lead Opinion

Sprague, J.

Appellant’s objection to the admission in evidence of the warrant, assessment-roll, diagram and return of -demand is not well taken. The return shows a demand of the amount assessed upon lots numbered 3 and 4 on the assessment-roll in strict compliance with the terms of the statute, which reads as follows: “The contractor or his agent or assigns shall call upon the persons so assessed, or their agents, if they can conveniently be found, and demand payment of the amount assessed to each.....Whenever the persons so assessed, or their agents, cannot conveniently be found, or whenever the name of the owner of the lot is stated as ‘unknown’ on the assessment, then the said contractor, or his agent or assigns shall publicly demand payment on the premises assessed”: Street Law for San Francisco, Stats. 1863, sec. 11, pp. 529, '530. The premises described in the complaint — on the assessment-roll, to which the warrant and diagram were attached — appear numbered as lot 3 and lot 4, opposite to which, and in the column headed “Names of owners,” is entered “unknown,” so that the name of the owner of these lots is stated as “unknown” in the assessment: hence, as to *507 these lots, the…

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