Church v. Grady
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. George E. Crothers, Judge. Reversed. The facts are stated in the opinion of the court,
1Opinion of the CourtWaste, P. J.
This is an action to foreclose a street assessment lien. The original complaint was apparently framed on the theory that the work was done under the authority of the charter of the city and county of San Francisco. At the trial plaintiffs admitted that the requirements of the charter, necessary to confer jurisdiction in such matters, had not been complied with.
The cause was submitted to the court for decision and was decided in favor of defendant. Thereupon, plaintiffs waived counsel fees and assumed defendant’s costs to that date. The court set aside the submission, and permitted plaintiffs…
2Cases cited6 opinions
- Amestoy v. Elec. Rapid Transit Co.California Supreme Court · 1892
- Rooney v. Gray Bros.California Supreme Court · 1905
- Bienfield v. Van NessCalifornia Supreme Court · 1917
- Metteer v. SmithCalifornia Supreme Court · 1909
- Guerin v. ReeseCalifornia Supreme Court · 1867
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3Cited by2 opinions
- Gallagher v. BarstowCalifornia Court of Appeal · 1923
- Walsh v. SwansonCalifornia Court of Appeal · 1923