Miller v. Mayo

Citations

• 88 Cal. 568
• 26 P. 364
• 1891 Cal. LEXIS 734

Syllabus

<p>Street Assessment — Foreclosure — Terms of Assessment — Compliance with Statute — Pleading.— In an action to foreclose a lien for a street assessment, the complaint should allege that the assessment was made in the terms prescribed by the statute, and a complaint alleging that the assessment was made “upon the property benefited by said street improvement ” does not show a compliance with the statute providing that the expenses incurred “shall be assessed upon the lots and lands fronting thereon, each lot or portion of a lot being separately assessed in proportion to the frontage. ”</p> <p>- Id. — Improvement of Street, Including Crossing. — Posting of Notices. —An allegation in the complaint, that after the resolution of intention had been passed by the board of trustees for the grading and graveling of two blocks-upon the same street, the street commissioner “ caused to be conspicuously posted along said contemplated work more than three notices of resolution at less than three hundred feet in distance apart,” shows a sufficient compliance with the statute in regard to the posting of the notices; and the fact that the work included a street-crossing does not render it necessary that notice be also posted in front of each quarter-block liable to be assessed.</p> <p>Id.—Bond of Contractor — Approval bv Street Superintendent — Defense to Assessment. —• A property owner cannot, in an action to foreclose a lien for a street assessment, object to the correctness of the assessment by reason of the omission on the part of the superintendent of streets to approve the bond of the contractor.</p>