Dyer v. Chase
California Supreme Court
Appeal from the District Court, Third Judicial District, City and County of San Francisco. • Action to enforce a lien on a lot for the improvement of a street in San Francisco. _ . The assessment levied on the lot included the cost of improving both the roadway and sidewalks. The gross sum was three hundred and twelve dollars and two cents, and of this sum only one hundred and eighty-eight dollars and twenty-three cents was the cost of improving the roadway.
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Appeal from the District Court, Third Judicial District, City and County of San Francisco. • Action to enforce a lien on a lot for the improvement of a street in San Francisco. _ . The assessment levied on the lot included the cost of improving both the roadway and sidewalks. The gross sum was three hundred and twelve dollars and two cents, and of this sum only one hundred and eighty-eight dollars and twenty-three cents was the cost of improving the roadway. The assessment did not separate the cost of the roadway from the sidewalks. The plaintiff demanded the payment of three hundred and…
1Opinion of the Court
The Court has no power to correct assessments. “ It is impossible to distinguish between that part of a tax which might have been rightly assessed, and that for which no authority is given, so that the assessment should be valid for one part and. void for another.” (Libby v. Burnham, 15 Mass. 147; Stetson. v. Kempton, 13 Ibid. 283; Hardenburgh v. Kidd, 10 Cal. 402;. Buclcnall v. Story, 36 Ibid. 72, 73; Huse v. Merriam, 2 Greenl. 376, 377; Joyner v. Egremont, 3 Cush. 567.)
J. M. Wood, for the Respondent.
As to the divisibility and apportionment of the contract and assessment, the case of Beaudry…
2Cases cited5 opinions
- Chambers v. SatterleeCalifornia Supreme Court · 1871
- Beaudry v. ValdezCalifornia Supreme Court · 1867
- Hardenburgh v. Kidd, Marsh, & ReedCalifornia Supreme Court · 1858
- Himmelmann v. HoadleyCalifornia Supreme Court · 1872
- Himmelmann v. SatterleeCalifornia Supreme Court · 1875
3Cited by8 opinions
- Perine v. ForbushCalifornia Supreme Court · 1893
- Dyer v. ScalmaniniCalifornia Supreme Court · 1886
- Partridge v. LucasCalifornia Supreme Court · 1893
- Ryan v. AltschulCalifornia Supreme Court · 1894
- Donnelly v. HowardCalifornia Supreme Court · 1882
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