Guerin v. Reese
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover the amount of a street assessment.
Read the full summary
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover the amount of a street assessment. The complaint averred a compliance with the statute, in the proceedings taken to grade and macadamize California street,between Taylor'and Jones streets; averred a letting to plaintiff of a contract for macadamizing, and a letting to B. Kenny, and an assignment by Kenny to plaintiff, of a contract for grading the block referred to. The answer was a specific denial of each averment of the complaint. The cause was tried before the Court…
1Opinion of the Court
By the Court, Rhodes, J.:
The contractor’s return upon each of the warrants of the Superintendent of Streets, so far as it relates to the points we shall consider, is “ that he [the contractor] could not conveniently find Michael Reese,” and “ that he also went u^pn^ each of the lots numbered and exhibited on the dia,gt’aimattached to said assessment list and warrant as lot^nuá^ers *2961, 2, 3, 4, 5 and 6, and publicly demanded on each lot payment of the sum assessed thereon in said assessment list, but that notwithstanding such demands so made the several sums assessed in said assessment list…
2Cases cited1 opinion
- Taylor v. PalmerCalifornia Supreme Court · 1866
3Cited by3 opinions
- Atchison, Topeka & Santa Fe Ry. v. Reclamation Dist. No. 404California Supreme Court · 1916
- Church v. GradyCalifornia Court of Appeal · 1919
- McBean v. MartinCalifornia Supreme Court · 1892