Dyer v. North

Citations

• 44 Cal. 157
• 1872 Cal. LEXIS 170

Syllabus

<p>Waiver oe Summons—Appearance.—A notice, signed by attorneys, and filed with the Cleric after a complaint has been filed, stating that “ we have been retained by, and hereby appear for, the above named defendant, in the above entitled action,” is a sufficient appearance of the defendant, and is a waiver of summons; and judgment by default may be entered, if pleadings are not filed in the proper time.</p> <p>Pleading in Street Assessment Case.—In an action to recover a street assessment in San Francisco, an averment that a resolution to do the work was passed by the Board of Supervisors, and that the resolution was signed by the Clerk, and published ten days (Sundays excepted) in the official newspaper, is sufficient to support a judgment by default, or to authorize proof that the Board directed the resolution to be published.</p> <p>Publication oe Notice to Improve Street.—The question reserved, whether the Board of Supervisors of San Francisco should order the publication of a resolution of intention to improve a street, or whether it may be published without such order.</p> <p>Plaintiee, in Action to Recover Street Assessment.—An action to recover an assessment for improving a street in San Francisco should be brought in the name of the contractor, and not in the name of the city.</p> <p>Jurisdiction to Order Street Improvement in San Francisco.—The Board of Supervisors of the City and County of San Francisco has jurisdiction to order a street to be graded in any part of the city, without a petition first presented for that purpose, except when it is proposed to partially improve or grade a street west of Larkin street, without reference to its official width or grade.</p>