Doane v. Houghton

Citations

• 75 Cal. 360
• 17 P. 426
• 1888 Cal. LEXIS 549

Syllabus

<p>Pleading—Amendment—Striking out Names of Defendants.—The amendment of a complaint by striking out of the caption the name of certain of the defendants who were not proper parties, without filing an amended complaint, while not commendable as a method of amending, is without prejudice to other defendants who are properly parties.</p> <p>Id. — Amendment during Trial — Street Assessment. — In an action to foreclose a street assessment, the court may on the trial permit the complaint to be amended by omitting the names of certain defendants who are shown by the evidence to have no interest in the property against which the lien is sought to be foreclosed.</p> <p>Id. — Work not Included in Order — Crossings — Assessment.—The action was brought to foreclose a street assessment for work done in the city and county of San Francisco, under the act of April 1, 1872. The work ordered by the board of supervisors was for curbing and side-walking Second Street, from Folsom to Harrison streets. The notice, bids, award, and contract mentioned the corners, which were between the points named, but it did not appear whether they were portions of the sidewalk or of a crossing. No mention was made in the assessment of any work except curbs and sidewalks. Held, that on an appeal from a judgment foreclosing the assessment, it could not be held that any part of a crossing was included in the assessment.</p> <p>Id.—Establishment of Sidewalk — Complaint need not Allege.—In such an action, the complaint need not allege that the width of the sidewalk to be constructed had been established by the board of supervisors before the institution of the proceedings for doing the work.</p>