Hendrick v. Crowley
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of dan Francisco. On the first day of February, 1864, the Board of Supervisors of the City and County of San Francisco passed a resolution, declaring the intention of the Board to grade Washington street, between Jones and Leavenworth. The resolution was not signed by the Mayor.
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Appeal from the District Court, Fourth Judicial District, City and County of dan Francisco. On the first day of February, 1864, the Board of Supervisors of the City and County of San Francisco passed a resolution, declaring the intention of the Board to grade Washington street, between Jones and Leavenworth. The resolution was not signed by the Mayor. Defendant Crowley made proposals for the contract, and it was awarded to him, and the Superintendent of Public Streets entered into a contract with him to perform the same. Crowley assigned the contract to plaintiff Hendrick, who performed the…
1Opinion of the Court
By the Court, Sanderson, J.:
Action for a street assessment. Plaintiff obtained judgment. Defendant obtained a new trial, and plaintiff appealed.
I. The ground for a new trial, first specified in the statement, is that the whole proceedings are void because the resolutions of the Board of Supervisors were not signed by the Mayor.
The proceedings were had under the Act of 1862, and we have repeatedly held that under that Act the resolutions of the Board of Supervisors in relation to street improvements need not be approved by the Mayor. They are valid without „ his approval. (Cochran v. Collins,…
2Cases cited5 opinions
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Emery v. BradfordCalifornia Supreme Court · 1865
- Hihn v. PeckCalifornia Supreme Court · 1866
- Hayes v. ShattuckCalifornia Supreme Court · 1862
- Long v. NevilleCalifornia Supreme Court · 1865
3Cited by12 opinions
- Municipal Improvement Co. v. ThompsonCalifornia Supreme Court · 1927
- Winchester v. WinchesterCalifornia Supreme Court · 1917
- Blackledge v. McIntoshCalifornia Court of Appeal · 1927
- Beaudry v. ValdezCalifornia Supreme Court · 1867
- Rhine v. EllenCalifornia Supreme Court · 1868
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