Randolph v. Bayue

Citations

• 44 Cal. 366

Syllabus

<p>Judgment in Pavor of Street Contractor.—A contractor who improves a street in a city, under a contract with the city authorities, for which improvement an assessment is made on the lots fronting on the street, is not entitled to a personal judgment against the lot owner for the amount assessed against the lot.</p> <p>Punctuation of Statute.—The Courts will not permit an erroneous punctuation of a statute, in printing it, to have the effect of giving it an absurd construction.</p> <p>Interest on Judgments.—Under the Act of 1868, regulating interest, all judgments for the recovery of money hear interest at the rate of seven per cent from the time the money became due thereon,.unless the judgment specifies a lower rate of interest.</p> <p>Idem.—The Act of 1868, regulating interest on judgments, applies to judgments for money due on contracts for improving a street.</p> <p>Idem.—White v. Lyons, 42 Cal. 279, affirmed as to the effect of a change of Acts allowing interest.</p> <p>Evidence on Death.—The record of a Probate Court admitting a will to probate, is admissible as evidence to show the death of the testator, if it contains all the necessary recitals to show that the Court acquired jurisdiction. If, however, it is made to appear that there were minor heirs living in the county who were not served with citations to appear, the Court does not acquire jurisdiction and the record does not prove the death.</p> <p>Appointment ot Attorney eor Minor Heirs.—The appointment by the Probate Court of an attorney to represent minor heirs who reside in the county and were not served with citations to appear, and the appearance of the attorney for such minor heirs, are nullities, and do not give the Court jurisdiction.</p> <p>Street Contractor’s Lien.—A contractor for the improvement of a street does not lose his lien on lots fronting on the same, for the assessments made thereon, by the mere lapse of two years before the entry of judgment, from the date of recording the assess