Williams v. Bisagno

Citations

• 4 Cal. Unrep. 305
• 34 P. 640
• 1893 Cal. LEXIS 1101

Syllabus

<p>Street Assessments.—A Besolution to Pave and Curb a Street required the city engineer to furnish the council with estimates. The estimates, in addition to the items of paving and curbing, stated, under the head of “grading,” that sixty-six cubic yards of excavation and forty-two cubic yards of embankment would be required. The grading, if taken from the entire surface of the street, would involve the removal of one and five-sevenths inches in depth. Held, that it would be assumed, from the small amount of the so-called “grading” required, that the street had been graded, $tnd that the grading mentioned in the estimates was merely the removal of small inequalities in the surface, and therefore an assessment for the paving and curbing was not invalid on the ground that it required grading, which was not mentioned in the resolution.</p> <p>Street Assessment.—A Becital in the Becord on Appeal by defendant, in an action to enforce a street assessment, that plaintiff produced two witnesses who testified that the notice of the improvement “was posted at the time and in the manner required by law, both as to the number of said notices, the place of posting, and the time during which the same remained posted,” sufficiently shows that the law as to posting the notice was complied with.</p> <p>Street Assessment.—A Besolution to Pave a Street, Which Befers by number to certain ordinances for the manner in which the work is to be done, is sufficient, without reciting the provisions of the ordinance.</p>