Pacific Paving Co. v. Bolton

Citations

• 97 Cal. 8
• 31 P. 625
• 1892 Cal. LEXIS 745

Syllabus

<p>Street Assessment — Foreclosure of Lien — Order for Work — Pleading-Jurisdictional Facts —Order Duly Given and Made.— An allegation, in a complaint in an action to foreclose the lien of a street assessment, that the city council, deeming it necessary, “ duly gave and made its determination to order the work done, ” is a statement in legal effect that everything necessary to be done to give the order validity had been done, and the complaint need not set forth the steps required by the statute to give the city council jurisdiction to order the work done.</p> <p>Appeal — Diminution of Record — Substitution of Executors'—Certified Copy of Order. — An objection that the record upon appeal does not show that the executors of a deceased defendant were substituted in his place is obviated by the filing in this court of a certified copy of the order of substitution.</p>