McSherry v. Wood

Citations

• 102 Cal. 647
• 36 P. 1010
• 1894 Cal. LEXIS 702

Syllabus

<p>Street Improvement—District Assessed—Curbing and Partial Laying oe Sidewalks—Uniformity of Assessment.—In a resolution of intention to sewer, regrade, and macadamize a street, the board of supervisors has the right to confine the curbing and sidewalks to the portion of the street upon which such curbing and sidewalks had not been laid, and it cannot be objected that an assessment for the work is not equal and uniform, because the cost of improving the sidewalks was not distributed on all the frontage within the district assessed, but was imposed only upon the lots where the curbing and laying of sidewalks was done.</p> <p>Id.—Presumption as to Sidewalks.—In the absence of a showing to the ■ contrary, a presumption may be indulged that no sidewalks were laid except in front of the lots as shown in the assessment.</p> <p>Id.—Foreclosure of Assessment—Dismissal as to Part of Property.— Right to Recover as to Residue.—The dismissal of a suit to foreclose a street assessment as to part of the lot assessed, upon the ground that one of the defendants, who was the owner of four several feet of the frontage of the lot, Had paid the portion of the assessment for such frontage, is not fatal to the right of recovery against the owner of the residue, for the remainder of the assessment upon the lot as a whole, where such defendant in his answer admitted the ownership of the entire lot by both defendants, and the court finds that such defendant requested and demanded that the street superintendent assess the lot as a whole, and where it appears that the assessment was made to unknown owners for a fixed sum for a front foot, and was capable of segregation between the owners in severalty of a given number of front feet, without doing injustice to either owner.</p> <p>Id.—Appeal to City Council—Irregularity in Assessment.—The defendant having failed to appeal to the city council on account of irregularity in the assessment, is precluded from urging an irregularity which might hav