People v. Lynch
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. On the 12th of October, 1869, a petition was presented to the Board of Trustees of the city of Sacramento, signed by owners of lots fronting on Tenth street, between J and N, to have Tenth street, between said points, improved by grading and planking it.
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. On the 12th of October, 1869, a petition was presented to the Board of Trustees of the city of Sacramento, signed by owners of lots fronting on Tenth street, between J and N, to have Tenth street, between said points, improved by grading and planking it. Sacramento lies on the east side of the river of that name, and the streets, commencing at the river, are numbered back east from one up to Tenth, Eleventh, etc. These streets run nearly north and south. The streets running east and west cross these at right…
1Opinion of the Court
By the Court, McKinstry, J.:
The action is on an alleged assessment for planking Tenth street, from J to N streets, in the city of Sacramento.
As conclusions of law, the court below found that the order of the Board of Trustees, directing the grading and planking was void, because the board did not acquire jurisdiction to make it; that the contract for planking was also void, and that the assessment was void, because the same was not made in pursuance of the city charter. The court further found that all the proceedings had been legalized by the act of the Legislature, approved March 30, 1874,…
2Cases cited25 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Hart v. BurnettCalifornia Supreme Court · 1860
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3Cited by90 opinions
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