Dyer v. Heydenfeldt

Citations

• 2 Cal. Unrep. 409
• 4 P. 1187

Syllabus

<p>Streets—Order for Grading—Notice of Intention—Petition.— The statute of 1872 authorized the board of supervisors of the city and county of San Francisco, on recommendation of the street superintendent, to give notice of their intention to order that Broadway, from the west line of Buchanan to the west line of Webster street, be graded, when two blocks on each side of said portion of Broadway had been graded, without any petition for such order.</p> <p>Streets—Grading—Eecommendation of Street Superintendent.— Where the matter was not at issue, and neither party introduced any evidence thereon, it was erroneous for the court to find that such street work was ordered without the recommendation of the superintendent of streets.</p> <p>Streets.—A Dismissal, in a Street Assessment Suit, as to defendants not having any interest in the land assessed, is not error prejudicial to other defendants.</p>