Shipman v. Forbes

Citations

• 97 Cal. 572
• 32 P. 599
• 1893 Cal. LEXIS 592

Syllabus

<p>Proceedings in Invitum — Mandatory Requirements oe Statute — Validity op Proceedings. •—In proceedings where the property of a citizen is to be taken, every requirement of the statute having the least semblance of benefit to the owner must be complied with; and when the form of the statutory proceeding is prescribed, its observance becomes essential to the validity of the proceedings.</p> <p>Id.—Street Assessment — Date of Warrant — Insufficient Compliance with Statute. —Under section 10 of the act of 1872 (Stats. 1872, p. 813), relating to street assessments in San Francisco, which directs the superintendent of streets to attach to the assessment a warrant, and prescribe the form of the warrant and its date and authentication, the date is an essential part of the assessment, and includes the month and day of the month, as well as the year; and a warrant reciting the year merely, without the month or day of the month, is invalid.</p> <p>Id. —Date of Signature of Auditor—Neglect oe Superintendent of Streets. —The fact that the county auditor, when he countersigned the warrant, wrote the date of his signing under his signature does not give the warrant itself that date, or cure the defect arising from the failure of the superintendent of streets to date it.</p>