Legal Opinion

United Real Estate & Tr. Co. v. Barnes

California Supreme Court

Decided January 11, 1911No. L.A. No. 2457PublishedCited by 8 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

This is an action against the defendant, as superintendent of streets in the city of San Diego, to enjoin the collection of a street assessment and to declare such assessment void. The court below sustained a general demurrer to the complaint and gave judgment for the defendant, from which the plaintiff appeals.

The assessment in question was made in a proceeding under the act of March 6, 1889, (Stats. 1889, p. 70), to raise funds for the payment of the costs, damages, and expenses of opening a part of Twenty-eighth Street in the city of San Diego. The plaintiff owns land lying within the…

2Cases cited13 opinions

  1. Chase v. TroutCalifornia Supreme Court · 1905
  2. Duncan v. RamishCalifornia Supreme Court · 1904
  3. Lent v. TillsonCalifornia Supreme Court · 1887
  4. Marriner v. DennisonCalifornia Supreme Court · 1889
  5. Holton v. NobleCalifornia Supreme Court · 1890

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3Cited by8 opinions

  1. Blake v. City of EurekaCalifornia Supreme Court · 1927
  2. In Re Sutter-Butte By-Pass Assessment No. 6California Supreme Court · 1923
  3. Beale v. City of Santa BarbaraCalifornia Court of Appeal · 1916
  4. Nutting v. City of Los AngelesCalifornia Court of Appeal · 1917
  5. Swall v. County of Los AngelesCalifornia Court of Appeal · 1919

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