Ede v. Cuneo

Citations

• 6 Cal. Unrep. 185
• 55 P. 388
• 1898 Cal. LEXIS 1078

Syllabus

<p>Street Assessments.—The Street Improvement Act (section 9), authorizing a second assessment where an action to foreclose a lien for street work is defeated by reason of a defective assessment, does not authorize a second assessment where such an action is defeated for want of an engineer’s certificate.</p> <p>Street Assessment.—A Demurrer to a Complaint to Foreclose a lien for street work, alleging that a second assessment had been made under the street improvement act (section 9), for the reason that the prior assessment and engineer’s certificate were “never duly or properly or legally recorded,” should be sustained for uncertainty, as the statement as to the defects in the first assessment is merely a legal conclusion.</p>