Shepard v. McNeil

Citations

• 38 Cal. 72
• 1869 Cal. LEXIS 111

Syllabus

<p>Judgment—Construction op.—A judgment must be construed in connection with the case made by the complaint, and in view of the law applicable to the subject.</p> <p>Practice—New Trial.—That the judgment is broader than the facts alleged and found will justify, is no ground for a new trial. The remedy is by an appeal from the judgment on the judgment roll.</p> <p>Street Assessments in San Francisco.—In an action for street assessments in San Francisco, the admission “that after the completion of the work the same was accepted by the Superintendent, and no appeal from the decision of the Superintendent in reference thereto was taken to the Board of Supervisors,” is conclusive of the case, and judgment should be given for plaintiff without further proof.</p> <p>Practice—Amended Answer.—It is not an abuse of discretion for the Court to refuse to allow the defendant to file an amended answer, to a verified complaint, which is evasive—which tenders only an immaterial issue—and which he does not verify, nor propose to verify.</p> <p>Evasive Answer. —To a complaint seeking to enforce the lien of an assessment for street improvements in San Francisco, an answer which denies that the Superintendent of Streets “ originally ” made the assessment in bis official capacity, is evasive, and tenders an immaterial issue.</p> <p>Street Superintendent in San Francisco—Duty of in Making Assessments.—■ If the Superintendent “originally” fails to authenticate his record by his official signature, it his duty afterwards to make a valid assessment.</p>