Haskell v. Bartlett

Citations

• 34 Cal. 281

Syllabus

<p>Interest on Street Assessments.—Street assessments in San Francisco are not contracts within the meaning of the statute in relation to interest, nor, by any statute, is interest allowable on street warrants issued for street improvements in that city.</p> <p>Action for Street Assessments.—In actions to recover assessments for street improvements, a strict compliance with the provisions of law authorizing them must be shown, to sustain a recovery.</p> <p>Publication of Notice of Street Improvements.—Where, under the statute, a notice of intention to make street improvements, etc., in San Francisco was required to be published daily, (Sundays excepted,) for ten days, in the newspaper having the contract for the city and county printing, which paper is required to be printed and circulated in said city ; and where such a notice was only printed in such paper for eight out of ten consecutive days, (the remaining two days not being Sundays,) but on said two days no issues were made by said paper : held, that the notice by publication was insufficient and void.</p> <p>Idem.—To constitute a publication in a city paper, it must appear that the paper is both published and circulated in the city—the former alone being insufficient.</p> <p>Idem.—Where such daily newspaper, having the contract for said city and county printing, issued daily two editions, to wit: a morning edition, which was circulated in said city and the country, and an evening edition, which was circulated in the country only : held, that the publication of notice of street improvement in the evening edition of said paper only, was insufficient and void.</p>