Cook v. Sudden

Citations

• 94 Cal. 443
• 29 P. 949
• 1892 Cal. LEXIS 707

Syllabus

<p>New Trial — Notice of Motion — Omission of Name of One Plaintiff from Caption — Inadvertence not Misleading!.—A notice of motion for a new trial by a defendant, directed to and served on the attorneys who were the attorneys for all of the plaintiffs, is not rendered insufficient because of the fact that by inadvertence the name of one of the plaintiffs was left out of the caption of the notice, where there is no pretense that the omission misled the attorneys into the belief that no notice was intended as to such plaintiff, and nothing appears in the record which shows any prejudice done in that regard.</p> <p>Street Assessment — Private Property. — No recovery can be had for any street-work done on private property not dedicated as a public street.</p> <p>Id. — Dedication of Street — Offer — Private Unrecorded Map — Evidence. — A private map, which has never been filed for record, is not evidence of an offer to dedicate the land to the public as a public street as laid down upon the map.</p> <p>Id. — Designation on Public Map — Finding against Evidence.—The fact that a public map has the land in dispute laid down as a street is not, of itself, evidence of dedication or user; and where there is no other evidence showing or tending to show any offer of dedication, a finding of dedication of the land as a street is not supported by the evidence.</p>