White v. Harris

Citations

• 103 Cal. 528
• 37 P. 502
• 1894 Cal. LEXIS 816

Syllabus

<p>Street Improvement—Construction op Sewer—Assessment—Formation op District—Pleading.—Under the act of March 18, 1885, and the act amendatory thereof, approved March 14, 1889, authority is given for the construction of sewers by a city without the formation of a district to be assessed for that purpose, and the payment of the expenses and costs may be provided for by an assessment upon the lots or land fronting upon the streets along which the sewer is to be constructed; and it is not necessary that in an action to foreclose a lien, alleged to have been created by an assessment upon the defendant’s lot for the construction of a sewer in front thereof, and along the streets described in the complaint, that the complaint should allege the formation of a district upon which the expenses and costs of constructing the sewer should be chargeable.</p> <p>Id.—Time For Commencement op Work—Date—Construction op Stat- • ute.—Where the contract set out in the complaint provides that the work is to be commenced within fifteen days, it sufficiently fixes the time for the commencement of the work, which dates, under the law, from the date of the contract; and it is not necessary that the contract shall name a particular date or day, to be fixed by the superintendent of streets, for the commencement of the work.</p>