Spaulding v. Wesson

Citations

• 84 Cal. 141
• 24 P. 377
• 1890 Cal. LEXIS 775

Syllabus

<p>Street Assessment—Issue as to Dedication of Street — General Finding— Evidence. — In an action for the foreclosure of a street assessment, if the court finds generally that all the allegations of the answer are true, without passing specifically upon an issue tendered as to whether the portion of tlie street upon which the work was done had ever been dedicated as a public street, and the evidence shows that it had been so dedicated, an order refusing a new trial must be reversed. Id.—Jurisdiction of Supervisors to Order Work—• Conclusions of Law — Pleading — Findings.—An allegation in the answer that the board of supervisors had no authority or jurisdiction to order the work done upon a street, for which an assessment is sought to be foreclosed, and findings responsive to such allegation, are mere conclusions of law. The facts should he alleged and specifically found.</p> <p>Id. — Street Improvement in San Francisco — Completing Grade — Necessity of Petition. — It appearing that two or more blocks on each side of a street in San Francisco have been graded, and that the work of further grading upon the same street had been recommended by the superintendent of streets, and the resolution of intention of the supervisors to do the work had been duly passed and published, it is not necessary to jurisdiction that there should be a petition by the owners.</p>