City of Napa v. Easterby
California Supreme Court
Appeal from a judgment of the. Superior Court of Napa County, and from an order refusing a new trial. The action was brought to foreclose a street assessment for work done in the improvement of Randolph Street in the city of Napa. On a former trial, judgment was entered in favor of the plaintiff, which was reversed on appeal, the opinion being reported in 61 Cal. 518,. The further facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
Action upon a street assessment. Judgment was given for the plaintiff, and the defendants appeal. As is usual in such cases, every point with the *223least semblance of merit is made. We deem it sufficient to notice the following:—
1. It is said that the official grade was not established. Upon the former appeal (61 Cal. 509) the judgment in favor of plaintiff was reversed, because it did not appear that the ordinance purporting to establish the grades had been published by order of the board. This decision necessarily affirms that unless it appears that the ordinance was published by…
2Cases cited2 opinions
- Creighton v. MansonCalifornia Supreme Court · 1865
- City of Napa v. EasterbyCalifornia Supreme Court · 1882
3Cited by13 opinions
- Crowe v. BoyleCalifornia Supreme Court · 1920
- In re Estate of SoherCalifornia Supreme Court · 1889
- City of Tucson v. StewartArizona Supreme Court · 1935
- People ex rel. Moore v. PerkinsSupreme Court of Colorado · 1913
- L. A. Thompson Scenic Railway Co. v. McCabeMichigan Supreme Court · 1920
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