Dougherty v. Henarie
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This was an action on a street assessment in San Francisco. The date of the warrant, diagram, and assessment was March 8th, 1869. The judgment was rendered for plaintiff May 27th, 1872. Defendants Henarie and Meyer each moved for a new trial. Their motions were denied, and they then appealed separately, each relying on certain alleged errors. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Crockett, J.:
The action is to enforce the lien of a street assessment, and a judgment having been entered for the plaintiff, the defendants, Henarie and Meyer, prosecute separate appeals. One of the points made by the defendant Henarie is, that the plaintiff’s lien, which was in force at the commencement of the action, expired by limitation before the judgment was entered, and therefore cannot be enforced. But this point was decided otherwise in Randolph v. Bayue, 44 Cal. 366. The only remaining point relied upon by the same defendant is, that the Court erred in allowing…
2Cases cited1 opinion
- Randolph v. BayueCalifornia Supreme Court · 1872
3Cited by23 opinions
- State Ex Rel. Malott v. Board of County CommissionersMontana Supreme Court · 1930
- Colby v. City of MedfordOregon Supreme Court · 1917
- La Mesa Lemon Grove & Spring Valley Irrigation District v. HornbeckCalifornia Supreme Court · 1932
- Woodill & Hulse Electric Co. v. YoungCalifornia Supreme Court · 1919
- State Ex Rel. City of Great Falls v. JeffriesMontana Supreme Court · 1928
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