Creighton v. Pragg
California Supreme Court
Appeal from the Comity Court of San Francisco. The Act of 1856, consolidating the City and County of San Francisco, in an article upon streets, provides the mode in which contracts for their grading shall be let by the Board of Supervisors, and for the assessment of the expense of the work upon the owners of the adjacent property.
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Appeal from the Comity Court of San Francisco. The Act of 1856, consolidating the City and County of San Francisco, in an article upon streets, provides the mode in which contracts for their grading shall be let by the Board of Supervisors, and for the assessment of the expense of the work upon the owners of the adjacent property. Section fifty-nine, as amended in 1859, is as follows: “ An. action may he instituted and maintained, before any Court of competent jurisdiction, by the contractor or his assigns for work done and materials furnished upon street crossings under the provisions of…
1Opinion of the CourtCope, J.
Field, C. J. and Norton, J. concurring.
This is an action to recover of the defendant his proportion of an assessment levied to defray the expenses of work done on a street crossing in the city of San Francisco. The suit was brought under the fifty-ninth section of the Consolidation Act, and the first point made is, that in 1861, and prior to the commencement of the suit, this section was repealed. The repealing act is absolute in its terms, but it was not intended that the repeal should affect past contracts, for that would have been to impair their obligation, which the Legislature had no…
2Cited by12 opinions
- Chapman v. JocelynCalifornia Supreme Court · 1920
- James v. Oakland Traction Co.California Court of Appeal · 1909
- County of San Diego v. ChildsCalifornia Supreme Court · 1932
- Hershey v. ColeCalifornia Court of Appeal · 1933
- County of Los Angeles v. RockholdCalifornia Supreme Court · 1935
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