Mietzsch v. Berkhout

Citations

• 4 Cal. Unrep. 419
• 35 P. 321
• 1893 Cal. LEXIS 1127

Syllabus

<p>Municipal Corporations — Widening Streets—Assessments. — Statutes of 1889, page 70, sections 10-15, regulating the procedure for widening streets, provide that the commissioners must file with the clerk of the board of supervisors a report specifying each lot, etc., assessed for the improvement, with the name of the owner and a plat of the assessment district; that the clerk must give notice requiring persons interested to show cause, at a time named, why such report should not be confirmed, etc. Held, that a lot owner who-failed to object to an assessment, and to proceed as provided by such statute, could not maintain an action to declare the assessment void, and enjoin the execution of a deed pursuant to a sale of the assessed property to pay the assessment.</p> <p>Municipal Corporations—Street Improvements—Assessments.—■ Where a city lot is assessed only $2.50 for a street improvement, and sold for nonpayment, and the owner could redeem from the sale by paying $3.90, the maxim, “De minimis non curat lex,” applies, and a court of equity will not restrain the execution of a deed pursuant to such sale, if invalid.1</p>