Spaulding v. North San Francisco Homestead & Railroad

Citations

• 87 Cal. 40
• 25 P. 249
• 1890 Cal. LEXIS 1093

Syllabus

<p>Jurisdiction — Adjudication of Jurisdictional Fact — Judicial Action - of Supervisors — Petition for Grading of Street — Majority of Frontage. — The rule that whenever the jurisdiction of a court not of record depends on a fact which the court is required to ascertain and settle by its decision, such decision, if the court has jurisdiction of the parties, is conclusive, and not subject to any collateral attack, applies to the judicial action of a board of supervisors upon a petition for the grading of a street in deciding that a majority of the frontage of lots on the street Where the work was proposed to be done was represented in the petition for the work.</p> <p>Id.—Action for Street Assessment in San Francisco—Evidence.— In an action to recover an assessment for the grading of a street under the act of April 1, 1872, relating to street-work in San Francisco, which provides that no grading can be ordered by the supervisors unless a majority of the frontage of the lots shall be represented in the petition requesting the work, where the petition under which the grading was done did not show whether the petitioner owned a majority of the whole frontage or not, evidence that the petitioner was not the owner of more than one half of such frontage is inadmissible.</p> <p>Id. —Failure to Demonstrate — Waiver of Objection tó Grading — Collateral Attack upon Decision of Supervisors. — An owner of land on such street who fails to file the remonstrance required by the act waives all objections to the form and granting of the petition, and the decision of the board in ordering the grading to be done is conclusive as against a collateral attack in an action to recover the assessment.</p> <p>Id. — Grading of Several Blocks — Previous Grading of Gross-streets. — The fact that the portion of the street sought to be improved had been divided into two separate parts by a cross-street, which had been previously graded, does not invalidate the assessment, as the whole of the stre