People of San Francisco v. Doe
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Action to enforce an alleged lien on a lot in San Francisco, for the improvement of the street on which the lot fronted. The complaint failed to aver that the defendants owned, or had any interest in the lot, or that the assessment was against them; but alleged that the assessment wag against the lot.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Action to enforce an alleged lien on a lot in San Francisco, for the improvement of the street on which the lot fronted. The complaint failed to aver that the defendants owned, or had any interest in the lot, or that the assessment was against them; but alleged that the assessment wag against the lot. The defendants demurred to the complaint: the Court sustained the demurrer, and the plaintiff declining to amend, judgment was rendered for the defendants. The plaintiff appealed.
1Opinion of the Court
By the Court.
We think that in proceedings to recover upon a street assessment, it is necessary that the complaint should allege that the defendants are the owners, or have some interest in the premises sought to be charged with the alleged lien. By the thirteenth section of the Act, it is expressly provided in terms that actions for the collection of any delinquent street assessment shall be brought * * ' * “against the owners and all persons having any interest *562therein;” and unless the defendants are alleged to be persons of that character, there would appear to be no reason to implead them…
2Cited by4 opinions
- Hancock v. BowmanCalifornia Supreme Court · 1874
- Clark v. PorterCalifornia Supreme Court · 1879
- Bays v. LapidgeCalifornia Supreme Court · 1877
- Driscoll v. HowardCalifornia Supreme Court · 1883