Lambert v. Cummings

Action to foreclose the lien of a street assessment alleged to exist by virtue of proceedings instituted by the council of the town of Berkeley. Defendants had judgment, from which the plaintiff prosecutes this appeal. The question is as to whether the resolution of intention was sufficient to give the board jurisdiction to let the contract, order the work done, and assess the property for such work. Section 3 of the street assessment act (Stats. 1891, p. 196, c. 147) provides: “Before ordering any work done or improvement made, which is authorized by section two of this act, the city council…