Brady v. King
California Supreme Court
Appeal from the District Court of the Third Judicial District, City and County of San Francisco. The action was brought to collect a street assessment levied by the Board of Supervisors in March, 1873, under a “resolution of intention ” describing the work as follows: “ That the roadway of Eighth Street, from Folsom to Harrison Streets, be paved with cobble-stones; that cross-walks and curbs be furnished and laid thereon where necessary; that sidewalks be constructed thereon…
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Appeal from the District Court of the Third Judicial District, City and County of San Francisco. The action was brought to collect a street assessment levied by the Board of Supervisors in March, 1873, under a “resolution of intention ” describing the work as follows: “ That the roadway of Eighth Street, from Folsom to Harrison Streets, be paved with cobble-stones; that cross-walks and curbs be furnished and laid thereon where necessary; that sidewalks be constructed thereon where not already constructed, and that the sidewalks be reconstructed where necessary.” This notice having been held…
1Opinion of the Court
By the Court :
The “ resolution of intention ” was fatally defective, and, as a consequence, the Board of .Supervisors did not acquire power or jurisdiction to order the street work done. (Richardson v. Heydenfeldt, 46 Cal. 68; People v. Clark, 47 Ibid. 456; People v. Ladd, Ibid. 603.)
The Act of March 25th, 1874, “ To ratify and confirm certain ordinances,” etc., (Stats. 1873-4, p. 588) is in violation of the Constitution of the State, and therefore void. (People v. Lynch, 51 Cal. 15; People v. Goldtree, 44 Ibid. 323.)
As the attempted assessment was absolutely void, the act of the Legislature…
2Cases cited3 opinions
- Taylor v. PalmerCalifornia Supreme Court · 1866
- People v. LynchCalifornia Supreme Court · 1875
- Richardson v. HeydenfeldtCalifornia Supreme Court · 1873
3Cited by6 opinions
- People v. Van Nuys Lighting DistrictCalifornia Supreme Court · 1916
- Fanning v. SchammelCalifornia Supreme Court · 1886
- Owings v. City of OlympiaWashington Supreme Court · 1915
- Board of Supervisors v. CothranCalifornia Court of Appeal · 1948
- People v. McCuneCalifornia Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.