Dougherty v. Henarie

Citations

• 47 Cal. 9

Syllabus

<p>Lien of Stbeet Assessment.—If an action upon a street assessment is commenced within two years from the recording of the assessment, the lien will not lapse, though the judgment is rendered after the two years expire.</p> <p>Intebest on Stbeet Assessment.—Interest may be allowed on a street assessment in San Francisco, if the assessment has been made subsequent to the passage of the Act of March 26th, 1868, notwithstanding the contract for the work was awarded prior to that date.</p> <p>Powee of Legislatube to Make Assessments Deaw Intebest. — There is no constitutional impediment which estops the Legislature from enacting that, if a property owner neglects to pay an assessment made for improving a street, it shall bear interest, even if the contract was made before the passage of the Act.</p> <p>Pbaotice on Appeal.—A party who submits to a judgment, and prosecutes no appeal from it, cannot, on an appeal by the opposing party, obtain a review of a ruling of the Court against him, although he excepted to it when it was made.</p> <p>Tax Sabe Extinguishes Otheb Liens.—As a general rule, a sale and conveyance in due form for taxes extinguishes all prior liens, whether for taxes or otherwise.</p> <p>Tax Deed Extinguishes Lien fob Stbeet Assessment.—Where an action had been commenced in due time to enforce the collection of a street assessment in San Francisco, and a third party subsequently procured a tax deed to the premises : held, that under the revenue law, as amended in 1859, the deed extinguished the lien for the street assessment.</p>