Smith v. Hazard

Citations

• 110 Cal. 145
• 42 P. 465
• 1895 Cal. LEXIS 1030

Syllabus

<p>Street Improvement—Protest of Owners—Construction of Statute. Under the Street Improvement Act of 1885, as amended in 1891, the city council has authority to order the grading or other improvement of one of two adjoining ungraded blocks intervening between and bounded at each end by graded blocks, notwithstanding the protest of the owners of a majority of the frontage of the property fronting on the proposed work or improvement; and it is not necessary that the whole intervening unimproved space must have been improved under one resolution of intention and one contract; but the council has authority to order the whole or any part of the intervening ungraded blocks to be graded or improved, regardless of objections by owners of lots fronting on the proposed improvement.</p> <p>Id.—Completion of Work—Slight Defect—Appeal to Council.—The only remedy for a slight defect in the work at the time of its acceptance by the superintendent of streets, in leaving a narrow strip ungraded, which was afterward graded by the owner of the lot, is by an appeal to ■ the city council, and it cannot be objected to in an action to recover a street assessment for work done under the contract.</p> <p>Id.—Publication of Resolution of Intention—Insertion on Sunday. ' Under section 3 of the Street Improvement Act, requiring the resolution of intention to be published by two insertions in one or more daily, semi-weekly, or weekly newspapers published and circulated in the city, the publication of the resolution on Saturday and Sunday consecutively in a daily newspaper published aud circulated in the city, is a liberal compliance with the statute, which does not except Sundays, and the publication is sufficient.</p>