Himmelmann v. Hoadley
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. On the 9th day of July, 1869, the Board of Supervisors of the City and County of San Francisco resolved to improve the sidewalks on California street, from Gough street to Cemetery Avenue, hy macadamizing them. The contract was let to B. Kenny, on the 6th day of October, 1869, at six cents per square foot.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. On the 9th day of July, 1869, the Board of Supervisors of the City and County of San Francisco resolved to improve the sidewalks on California street, from Gough street to Cemetery Avenue, hy macadamizing them. The contract was let to B. Kenny, on the 6th day of October, 1869, at six cents per square foot. The work having been completed, the Superintendent of Public Streets, Highways, and Squares, on the 20th day of October, 1870, made an assessment to cover the sum due on the contract, and…
1Opinion of the Court
By the Court, Rhodes, J.:
The statute of 1862, amendatory of the “ Consolidation Act ” (Stats. 1862, p. 391), empowers the Board of Supervisors to lay out and open new streets within the corporate limits of the city and county, and west of Larkin and southwest of Johnson streets; and to order such streets to be graded or regraded to the official grade. The power to lay out, open, and grade streets carries with it, by necessary implication, the power to establish the grade of such streets, unless the power be expressly reserved, or granted to another body or officer.
Order Ho. 681, passed by the…
2Cases cited1 opinion
- Nolan v. ReeseCalifornia Supreme Court · 1867
3Cited by11 opinions
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- Buckman v. LandersCalifornia Supreme Court · 1896
- State v. NieldCourt of Appeals of Kansas · 1896
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