Legal Opinion

Palmer v. Burnham

California Supreme Court

Decided March 24, 1898No. S. F. No. 475PublishedCited by 7 opinions

APPEAL from a judgment of the Superior Court of Alameda County. John Ellsworth, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHarrison, J.

Action upon a street assessment. A demurrer to the complaint was sustained, and the plaintiff has appealed from the judgment thereon. The sufficiency of the demurrer is presented by the respondents upon two propositions:

1. In the resolution of intention the city council described the, work to be done in the improvement of the street as follows, viz: *365“That Broadway (describing the portion thereof) he graded to the official subgrade for macadamizing”; and it is objected that by this resolution no jurisdiction to order the work was obtained, for the reason that section 2 of the street…

2Cases cited4 opinions

  1. Beveridge v. LivingstoneCalifornia Supreme Court · 1879
  2. Warren v. RiddellCalifornia Supreme Court · 1895
  3. Rauer v. LoweCalifornia Supreme Court · 1895
  4. Libbey v. ElsworthCalifornia Supreme Court · 1893

3Cited by7 opinions

  1. Ramish v. HartwellCalifornia Supreme Court · 1899
  2. Oakland Paving Co. v. Whittell Realty Co.California Supreme Court · 1921
  3. Taylor v. PolackwichCalifornia Court of Appeal · 1983
  4. Union Contracting & Paving Co. v. CampbellCalifornia Court of Appeal · 1905
  5. City Street Improvement Co. v. WatsonCalifornia Court of Appeal · 1920

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