Emery v. San Francisco Gas Co.
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The respondent, Emery, entered into a contract with the Superintendent of Streets in San Francisco on the 25th day of September, 1862, tq grade and macadamize Fremont street from Howard to Mission. The contract was completed January 17th, 1863; The appellant was the owner of a lot fronting on Fremont street, between Mission and Howard.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The respondent, Emery, entered into a contract with the Superintendent of Streets in San Francisco on the 25th day of September, 1862, tq grade and macadamize Fremont street from Howard to Mission. The contract was completed January 17th, 1863; The appellant was the owner of a lot fronting on Fremont street, between Mission and Howard. This action was brought to recover the amount assessed on appellant’s lot for the work. Plaintiff recovered judgment in the Court below, and defendant appealed. The…
1Opinion of the Court
*348By the Court,
Sawyer, J.
This is an action brought in pursuance of the Act of 1862, relating to the' City of San Francisco, to recover a sum of money assessed upon property fronting on a certain street in that city, in proportion to its frontage, to pay the expenses of grading said street. It presents some of the much vexed questions arising under statutes relating to this class of burdens imposed upon property holders in towns and cities. As usual in such cases, it is claimed, firstly, that the law under which the assessment is made is unconstitutional; secondly, if constitutional, that there…
2Cases cited13 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
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3Cited by72 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Taylor v. PalmerCalifornia Supreme Court · 1866
- Kirkwood v. SimpsonCalifornia Supreme Court · 1954
- Morrison v. MoreySupreme Court of Missouri · 1898
- Hagar v. Board of SupervisorsCalifornia Supreme Court · 1874
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