Fulton

Bituminous Lime Rock Paving & Improvement Co. v. Fulton

Good Law
4 Cal. Unrep. 151·33 P. 1117
Supreme Court of CaliforniaAugust 25, 1893No. 14,907California1,038 words

Opinion

Lead Opinion

Searls, J.

The plaintiff in this cause appeals from a final judgment entered in favor of defendants. The action was instituted in the superior court in and for the county of Los Angeles to enforce a lien against certain property of the defendants, described in the complaint, which lien w,as created by an assessment made by the street superintendent of the city of Los Angeles, to obtain payment for certain work done under an act entitled “An act to provide for work upon streets,” etc., “within municipalities,” .approved March 18, 1885, as amended March 14, 1889, and known and designated as the “Vrooman act”: Stats. 1885, p. 147; Stats. 1889, p. 157. A demurrer was interposed to the complaint, which demurrer was sustained by the court, and, plaintiff declining to amend, final judgment was entered in favor of the defendant Charles Henderson. The demurrer was general, and averred that plaintiff’s complaint “fails to state facts sufficient to constitute a cause of action against these defendants.” The particular reasons moving the court below to sustain the demurrer do not appear in the record, and we can only divine them by a perusal of the complaint, aided by the suggestion of causes therefor…

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