City Street Improvement Co. v. Babcock

This is an appeal by the plaintiff from a judgment in favor of the defendant in an action to foreclose a street assessment.

The court finds that the board of supervisors did not on October 22, 1894, or at any other time, duly make or pass a resolution ordering the work done, and that said board on that day did “adopt and pass a resolution” ordering said work done, “but did not prior thereto, and relative to said order, pass a resolution of intention to order said work.” The appellant claims that this finding is inconsistent and contradictory of itself. The evident meaning of the court in…