Dougherty v. Hitchcock
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover a street assessment of the defendant who was a lot owner on Clay and Leavenworth streets, in the City and County of San Francisco. The plaintiff sued as the assignee of one M. W. Griffin, who was the contractor by whom the street improvements in question were made. The complaint was in the usual form, and the answer of the defendant was a general denial.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover a street assessment of the defendant who was a lot owner on Clay and Leavenworth streets, in the City and County of San Francisco. The plaintiff sued as the assignee of one M. W. Griffin, who was the contractor by whom the street improvements in question were made. The complaint was in the usual form, and the answer of the defendant was a general denial. At the trial, which was before the Court without a jury, the plaintiff, to sustain the issue on hi's part, among other…
1Opinion of the Court
By the Court, Rhodes, J.:
It is provided by section nine of the Act of 1862, relative to the improvement of streets in San Francisco, that after the contractor has fulfilled his contract, etc., the Superintendent shall make an assessment to cover the sum due for the work performed and incidental expenses. This is an ■ official act on the part of the Superintendent, and its character and authenticity can be attested in only one manner, and that is the official signature of the Superintendent. Its official character must be made to appear on its face. In Himm*522elman v. Danos, ante, 441, it is held…
2Cited by30 opinions
- Manning v. DenCalifornia Supreme Court · 1891
- Capeon v. HitchcockCalifornia Supreme Court · 1893
- People v. BrownCalifornia Court of Appeal · 1927
- Himmelmann v. CofranCalifornia Supreme Court · 1868
- Treanor v. HoughtonCalifornia Supreme Court · 1894
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