Onderdonk v. City & Cty. of S.F.

Citations

• 75 Cal. 534
• 17 P. 678
• 1888 Cal. LEXIS 578

Syllabus

<p>Appeal — Entry op Judgment.—An appeal from a judgment prior to its entry is premature, and will be dismissed.</p> <p>Street Assessment—San Francisco—Grading Bay Street—Government Reservation. — Under the act of April 1, 1878, providing that the city and county of San Francisco should be liable for grading Bay Street, in front of the United States reservation, upon the refusal of the government of the United States to pay therefor, a refusal to pay, made by the general in command of the forces on the reservation, by the assistant treasurer of the United States, and by the Secretary of War, is sufficient to fix the liability of the city and county.</p> <p>Id. — Statute op Limitation. —An action to enforce the liability of the city and county for grading done in front of such reservation, under a contract providing for such work, is based either on a contract founded on an instrument in writing, or on an obligation or liability arising out of an assessment made in writing, both executed in this state, and consequently could not be barred by the provisions of subdivision 1 of section 389 of the Code of Civil Procedure, which relates to a contract, obligation, or, liability not founded upon an instrument in writing, or upon an instrument in writing executed out of the state. A plea of such section, therefore, raises no issue.</p>