Durrell v. Dooner

Citations

• 119 Cal. 411
• 51 P. 628
• 1897 Cal. LEXIS 912

Syllabus

<p>Stbbet Woek Requested in Front of Lot—Lien Confined to City ob Town—Insufficient Complaint—Demubbeb—Uncertainty.—The lien provided for in section 1191 of the Code of Civil Procedure, in favor of one who, at the request of the owner of a lot, improves the street or sidewalk in front of or adjoining the same, can be acquired and enforced only against a lot in an “incorporated city or town”; and a complaint to enforce such a lien, setting forth a contract for grading and other work, which shows upon its face that the work was to be done outside of any city or town, and was to be done in accordance with an ordinance to be passed by the board of supervisors of the county, does not state a cause of action; and if such complaint leaves it uncertain whether the work to be done under the contract was within an incorporated city or town, and uncertain as. to whether an ordinance was passed by the board o£ supervisors of the county, it is subject to a demurrer for uncertainty.</p> <p>In.—Omission to Request Amendment—Objection upon Appeal. — The omission to request an amendment to a pleading after a demurrer thereto has been sustained precludes the making of an objection upon appeal for the first time that the court should have allowed an. amendment, when nothing appears in the record to show an abuse of discretion.</p>