Capeon v. Hitchcock

Citations

• 98 Cal. 427

Syllabus

<p>Street Assessment—Void Contract with School Trustee—Municipal Corporation Act.—Under section 628 of the Municipal Corporation Act of March 13, 1893, which provides that no officer of a city of the fourth class organized thereunder “ shall be interested in any contract to which the city is a party, and any contract contrary to the provisions hereof shall be void,” a contract by such a city with one of its school trustees, for street work, is void, and furnishes no basis for a valid assessment therefor.</p> <p>Id.—Special Finding as to Official Character of Contractor — Control of General Finding.—A special finding that the plaintiff was a school trustee at all of the times mentioned in the complaint to foreclose an assessment for street work done by plaintiff will control a general finding that all the allegations of the complaint are true, so far as respects the validity of the contract.</p> <p>Id.—Appeal to Council Inapplicable in Case of Void Contract—Limitation of Power.—Section 3 of the act of March 18, 1885 (Stats. 1885, p. 147), which provides for a petition of remonstrance to the city council by any one who may feel aggrieved or may have objections to the proceedings of the council in relation to the street work to be done, and that the decision of the council shall be conclusive thereon, was intended to apply only to acts and proceedings within the power of the council, and does not apply in case of a void contract which forms a limitation upon the power of the council.</p> <p>Id.—Construction of Statutes—Street Improvements. — Section 5 of the act of March 18, 1885, relating to street improvements, did not supersede or repeal section 628 of the Municipal Corporation Act of March 13, 1883.</p> <p>Id.—Kepeal by Implication.—The repeal of statutes by implication is not fayored. In order for a subsequent act to repeal a former, it should appear from the last act that it was intended to take the place of or repeal the former, or that the two acts are so incon