Smith v. Davis
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This action was brought to recover the sum of three thousand five hundred and seventy-seven dollars and forty-three cents, for an assessment for street improvements on the street on which the lots fronted. The plaintiff recovered judgment in the Court below, and defendant appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, J.:
To render an assessment for the improvement of a street valid the various acts prescribed by the statute must, in all essential particulars, be strictly performed. In this respect there is no distinction between an assessment for the purposes of local improvement and an assessment for the purpose of raising revenue for the support of the Government. Whenever an attempt is made to charge or divest the estate of a citizen by statutory modes, the proceedings must strictly follow the steps of the statute or the attempt will fail. (Sedgwick on Statutes, 319 ; Benslcy v.…
2Cases cited7 opinions
- Moss v. ShearCalifornia Supreme Court · 1864
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3Cited by8 opinions
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