Whiting v. Townsend

Citations

• 57 Cal. 515

Syllabus

<p>Street Assessment—Complaint—Pleading—Legislative Power — Judicial Power.—The matter of pleadings is a proper subject for legislative regulation; held, accordingly, that that portion of the Act of the Legislature of April 1st, 1872, prescribing the contents of complaints for the recovery of street assessments, is valid.</p> <p>Id.—Resolution of Intention.—A resolution of intention under said act, describing the work to be done, is not rendered uncertain by the provision, “except that portion required by law to be kept in order by the railroad company having its tracks thereon.”</p> <p>Id.—Demand.—A demand for the payment of a street assessment under said act is unnecessary where the property is assessed to unknown owners.</p> <p>Id. — Affidavit—Evidence—Agency.—The affidavit of the person making demand for such payment is prima facie evidence that he was the agent of the contractor.</p> <p>Id.—Benefit.—In an action to recover an assessment under said act, it is immaterial whether the lot sought to be charged was benefited by the work done.</p> <p>Id.—Findings.—To sustain such action it is sufficient to show that the defendants were the owners in fee of the land, without regard to the particular undivided interest claimed by a defendant in his answer.</p>