Himmelman v. Danos

Citations

• 35 Cal. 441

Syllabus

<p>Complaint to recover Street Assessment.—A complaint to recover the amount assessed on a lot in the City of San Francisco, for an improvement of the street on which the lot fronts, should show either by general or special averments a compliance by the Board of Supervisors with all the steps prescribed by law, to confer jurisdiction on the Board.</p> <p>Liability for Street Improvement in San Francisco.—Unless all the provisions of the statute prior to the award of a contract for a street improvement in San Francisco are complied with, the defendant is not liable for the assessment.</p> <p>Pleading and Evidence.—The thirteenth section of the statute in relation to street improvements in San Francisco, to the effect that the assessment, warrant, and diagram, with the affidavit of demand and non-payment, shall boprima facie evidence of the defendant's indebtedness, does not establish a rule of pleading, but a rule of evidence only.</p> <p>Lien on Lot for Street Improvement.—Until the assessment, diagram, and warrant are recorded in the office of the Superintendent of Streets, in San Francisco, the contractor does not acquire a lien on a lot for work on the street.</p> <p>Right to sue for Street Improvements.—The assessment, diagram, and warrant, for improvements on a street in San Francisco must be recorded before the demand of payment and return of the same by affidavit, or a failure to pay the assessment confers no right of action on the contractor.</p> <p>Certificate to Record of Street Assessment.—When the assessment, diagram and warrant, and sworn return of demand of payment for a street improvement in San Francisco are recorded in the office of the Superintendent of Streets, a certificate of their recording should be attached to the same, signed by the Superintendent. Without such certificate, the record is valueless. Whether such certificate should be affixed to the separate record of the assessment, diagram, and warrant, not decided.</p>