Pacific Paving Co. v. Diggins
California Court of Appeal
APPEAL from orders of the Superior Court of the City and County of San Francisco, granting a new trial and refusing to dismiss the motion for new trial. J. C. B. Hebbard, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, P. J.
Action upon a street assessment in San Francisco. Judgment was rendered in favor of the plaintiff against the defendant Byron Biggins, and upon the motion of the said defendant the court granted a new trial. The present appeal is from this order.
The complaint is in the ordinary form except that there is no averment therein that the board of supervisors had passed a resolution of intention to order the improvement for which the assessment was made. In his answer thereto the defendant, for a separate and special defense to the action, alleged that the resolution ordering the work referred to in…
2Cases cited8 opinions
- Minor v. BaldridgeCalifornia Supreme Court · 1898
- Perry v. QuackenbushCalifornia Supreme Court · 1894
- Dam v. ZinkCalifornia Supreme Court · 1896
- McCarthy v. BrownCalifornia Supreme Court · 1896
- Sharp v. BowieCalifornia Supreme Court · 1904
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3Cited by1 opinion
- Mosher v. City of PhoenixArizona Supreme Court · 1923