Warren v. Ferguson

Citations

• 108 Cal. 535
• 41 P. 417
• 1895 Cal. LEXIS 887

Syllabus

<p>Street Assessment—Judgment—Lien—Appeal—Service of Notice, When, in an action to enforce a street assessment, judgment has been rendered against several defendants, if the effect of an appeal from the-judgment is to establish that there was, in fact, no lien upon which the-judgment could be rendered, a reversal of the judgment will not injuriously affect the other defendants, and, therefore, an appeal will not be-dismissed for a failure to serve them with the notice of appeal.</p> <p>Street Assessment—Invalid Certificate of City Engineer—Signature by Clerk—Evidence—Insufficient Basis for Lien.—In an action to foreclose a street assessment a certificate purporting to be a certificate of the city engineer, which was not signed by him in person* nor in his name by a deputy appointed by him, but by a mere clerk in-his office, is not admissible in evidence, and is invalid and insufficient as the basis of a lien.</p>