Smith v. Cofran
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. To the complaint of the plaintiff, filed in this cause, a demurrer was interposed by defendant on the ground that the facts therein stated did not constitute a cause of action. The demurrer was sustained by the Court below, and judgment final thereon entered for defendant, and plaintiff appealed therefrom to this Court.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. To the complaint of the plaintiff, filed in this cause, a demurrer was interposed by defendant on the ground that the facts therein stated did not constitute a cause of action. The demurrer was sustained by the Court below, and judgment final thereon entered for defendant, and plaintiff appealed therefrom to this Court. The other facts are sufficiently stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sawyer, J.:
In Smith v. Davis, 30 Cal. 537, we held that the street assessment then and noxy in question created no charge against Davis, the owner of the land, or the land, because made against another party not then living, and not against the owner, or unknown owners, as required by the statute. The facts sufficiently appear in the opinion in that case.
Smith, the plaintiff in the former action, now sues to recover the amount of the assessment from the defendant, Cofran, the Superintendent of Streets for the City of San Francisco, who made the assessment, on the ground that it…
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