Legal Opinion · Dissent
Thomason v. Ashworth
California Supreme Court
Decided July 2, 1887No. 12094Published
Appeal from a judgment of the Superior Court of the city and county of San Francisco. The facts are stated in the opinion of the court, and in the dissenting opinion of Justice McICinstry.
1Dissent
McKinstry, J.,
dissenting.—1. I dissent. Section 19 of article 11 of the constitution of 1879-80 (as the same stood prior to its amendment) reads:—
“ No public work .... shall be done or made, in any city, in, upon, or about the streets thereof, . . . . the cost and expense of which is made chargeable or may be assessed upon private property by special assessment, unless an estimate of such cost and expense shall be made, and an assessment, in proportion to the benefits on the property to be affected or benefited, shall be levied, collected, and paid into the city treasury, before such work or…
2Cases cited8 opinions
- People v. LynchCalifornia Supreme Court · 1875
- People ex rel. Wilson v. SalomonIllinois Supreme Court · 1869
- Green v. SwiftCalifornia Supreme Court · 1874
- Staude v. Board of Election CommissionersCalifornia Supreme Court · 1882
- Desmond v. DunnCalifornia Supreme Court · 1880
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