People v. O'Neil
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Action to enforce the lien of an assessment on a lot in San Francisco for improving Haight street from Laguna to Buchanan street.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Action to enforce the lien of an assessment on a lot in San Francisco for improving Haight street from Laguna to Buchanan street. The assessment was made and issued by the Superintendent of Streets on the 5th day of January, 1872. The action was commenced on the 13th day of May, 1872. On the 15th day of January, 1872, J. P. Treadwell appealed from the assessment, and on the 19th day of January the Protestant Orphan Asylum also appealed. After notice of the time and place of hearing the appeal, the…
1Opinion of the Court
By the Court:
The action was commenced in 1872, and the case must, therefore, be determined irrespective of the provisions of the act of March 19, 1874. (Reis v. Graff ante.)
The appeal of defendant to the Board of Supervisors was taken regularly and in proper time, and should have been entertained. The Board had no power to dismiss this appeal, and it must be regarded as still pending. It results that the assessment has not become a finality, and the action was prematurely instituted.
Judgment affirmed.
2Cited by5 opinions
- Williams v. BerginCalifornia Supreme Court · 1895
- Buckman v. LandersCalifornia Supreme Court · 1896
- Mahoney v. BravermanCalifornia Supreme Court · 1880
- Girvin v. SimonCalifornia Supreme Court · 1900
- Federal Construction Co. v. KneeseCalifornia Court of Appeal · 1918