Gill v. Dunham

Citations

• 4 Cal. Unrep. 229
• 34 P. 68
• 1893 Cal. LEXIS 1073

Syllabus

<p>Street Improvement—Publication of Resolution.—Act of March 14, 1889, amending act of March 18, 1885, in relation to improvement of streets, provides (section 3) that before ordering improvement's the council shall pass a resolution of intention, which shall be “published and posted for two days in the manner prescribed by section 34.” The latter section provides that resolutions required to be published shall be published in a newspaper, etc.; provided, however, that in case there is no newspaper, they shall be posted and kept posted for the same time as required for publication. Held, that a resolution which is published need not also be posted.</p> <p>Street Assessment—Compliance With Statute.—Though acts which the statute requires to be performed before making a public improvement are conditions precedent to the power to levy a tax on the property owners, only a substantial compliance with the statute is required; and the assessment is not vitiated by want of technicality of expression, or precision of statement as to the work, which does not affect the essential object in view.</p> <p>Street Improvements—Plans and Specifications.—Under acts of 1889, page 159, relating to public improvements, and providing that plans and specifications shall be furnished to the city council, if required by it, by the city engineer, but not specifying the mode of requiring them, the fact that they were prepared by the engineer, and were on file, and approved by the council, is sufficient evidence of their authenticity.</p> <p>City Council—Notice of Special Meeting.—Where all the members of the council were present at a special meeting, except one, and a resolution was adopted unanimously, there is no error in admitting testimony of the clerk of the council that he served a proper notice of the meeting on all the members, the notice not having been entered of record.</p> <p>Street Assessment.—In an Action by an Assignee to Enforce an assessment for a public improvement, which wa