Dyer v. Barstow
California Supreme Court
Appeal from the District Court, Third Judicial District, City and County of San Francisco. This action was brought to enforce liens on four lots for two assessments, one for grading, and the other for macadamizing and curbing Vallejo street, from Webster to Pierce street. The-eontract for grading was let September 20, 1869, and' that for macadamizing and curbing was let November 8, the same year.
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Appeal from the District Court, Third Judicial District, City and County of San Francisco. This action was brought to enforce liens on four lots for two assessments, one for grading, and the other for macadamizing and curbing Vallejo street, from Webster to Pierce street. The-eontract for grading was let September 20, 1869, and' that for macadamizing and curbing was let November 8, the same year. The assessment for the former was made and recorded November 23, and that for the latter was made and recorded December 8, 1870. The suit was commenced August 29, 1872. The complaint contained two…
1Opinion of the Court
By the Court:
This action is brought on two street assessments in San Francisco. The demurrer that several causes of action were improperly united in the complaint should have been sustained. There is no pretense that the laws in respect to streets or street improvements warranted the joinder, and it is clear that section 64 of the Practice Act did not authorize it.
The claims of the plaintiff do not “arise out of contracts” within the meaning of that section. The contracts there spoken of were contracts to which the person sued was a party. It is settled, that the owners of property adjacent…
2Cases cited3 opinions
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Himmelmann v. SpanagelCalifornia Supreme Court · 1870
- Himmelmann v. SteinerCalifornia Supreme Court · 1869
3Cited by5 opinions
- People v. HagarCalifornia Supreme Court · 1877
- Reynolds v. LincolnCalifornia Supreme Court · 1886
- Gillis v. ClevelandCalifornia Supreme Court · 1890
- Walser v. MoranNevada Supreme Court · 1918
- People v. HagerCalifornia Supreme Court · 1876