In re Beale Street

Citations

• 39 Cal. 495
• 1870 Cal. LEXIS 86

Syllabus

<p>Act to Change the Street Grades in San Francisco.—Award of Damages.— Under the Act of March 28,1868 (concerning the change of street grades in San Francisco), it was the purpose of the Legislature to confine the award of damages to those who should petition for them allowance as provided by said Act.</p> <p>Idem.—The Commissioners, under the above Act, have no authority to award damages in excess of the amount claimed in the petition.</p> <p>Idem.—Valuation__Jurisdiction of County Court.—The County Court has no authority to inquire into the question of mere valuation, that being fixed by the action of the Commissioners, in conjunction with the Committee of the Board of Supervisors; no fraud being alleged, the authority of the County Court is confined to errors of jurisdiction and irregularities appearing on the face of the proceedings.</p> <p>When the Change of Grade is Established.—Where the proceedings are free from fraud, and have been regularly conducted, the change of grade is absolutely fixed by the act of the Board of Supervisors in adopting the report of the Commissioners.</p>