Washburn v. Lyons

Citations

• 97 Cal. 314
• 32 P. 310
• 1893 Cal. LEXIS 538

Syllabus

<p>Street Assessment — Publication of Resolution of Intention — Posting— Statutory Construction — “And” Construed as “Or” — Pleading. — In section 3 of the act to provide for work upon streets within municipalities (Stats. 1885, p. 147) as amended by the act of March 14, 1889 (Stats. 1889, p. 157), which provides that the resolution of intention to do street-work “ shall be published and posted ” in the manner prescribed in section 34 of the act, the word “ and ” is used in the sense of “or,” and the statute is to be construed as requiring publication, if there is a paper published in the city, and posting in the manner prescribed in section 34, if no paper is printed in the city. A complaint in an action upon a street assessment which alleges that the resolution was published for the required period in a daily paper printed in the city, and designated by the city council for that purpose, is not defective because not also alleging that the resolution was posted.</p> <p>Id. ■— Delay in Making Contract — Pleading. — A complaint in an action upon a street assessment is insufficient if it fails to show that the contract for the work done fixed the time for the commencement and completion of the work to be done thereunder, in accordance with the requirements of section 6 of the act of March 18, 1885 (Stats. 1885, p. 147), as amended by the act of March»14, 1889 (Stats. 1889, p. 157).</p>