Himmelmann v. Bateman
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The Board of Supervisors of San Francisco resolved to grade Jackson street from Frhnklin street to Octavia street. Franklin and Octavia streets cross Jackson street at right angles, and Gough street also crosses Jackson at right angles between Franklin and Octavia. The contract was let and the work performed.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The Board of Supervisors of San Francisco resolved to grade Jackson street from Frhnklin street to Octavia street. Franklin and Octavia streets cross Jackson street at right angles, and Gough street also crosses Jackson at right angles between Franklin and Octavia. The contract was let and the work performed. The plaintiff was the assignee of the contract, and commenced this action to enforce a lien on the lot described as commencing at the northwesterly corner of Jackson and Gough streets, running…
1Opinion of the Court
By the Court, McKinstry, J.:
The tenth section of the statute (Laws of 1862, p. 397), requires that the warrant, assessment and diagram shall be recorded, and provides: “When so recorded, the several amounts assessed shall be a lien upon the lands, lots,” etc.
The assessment and diagram, as recorded, contain no sufficient description of the lot to enforce the lien upon which this action is brought.
Judgment and order affirmed.
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