Buckman v. Hatch

Citations

• 7 Cal. Unrep. 11
• 70 P. 221
• 1902 Cal. LEXIS 924

Syllabus

<p>Street Improvements.—In Pleading the Determination of a Board of Supervisors as to certain public improvements, it is not necessary to state the facts conferring jurisdiction, but the determination may be pleaded as duly given or made.</p> <p>Street Improvements.—In an Action to Foreclose a Street Assessment, where no objection is taken to the complaint by demurrer, and the proceedings on the trial do not appear in the record, the court on appeal must presume that evidence was given to uphold every allegation of the complaint, whether defectively stated or not, and, to this end, that the original resolution of intention describing the work was put in evidence, and that the resolution contained a full description of the work as required by statute, including a specific description of the materials of which cesspools and culverts were to be constructed.</p> <p>Street Improvements—Time for Work.—Under Vrooman Act, section 6 (Stats. 1885, p. 151), requiring that the superintendent of streets “shall fix the time for the commencement, .... and for the completion of the work under all contracts entered into by him,” it is not necessary that the time be fixed in the contract itself, but only that the superintendent shall in writing, authenticated with his official signature, fix the time.</p>