Whiting v. Quackenbush
California Supreme Court
Appeal from a judgment for the plaintiff, in the Third District Court, City and County of San Francisco. Thoenton. J. The caption of the assessment in question in this case, is as follows: “ State of California, ) City and County of San Francisco, ) “Assessment made and issued this 13th day of April, 1875, for planking Polk Street from Tyler to McAllister Street, and for reconstructing the side-walks thereon, as per contract with E. Whiting,” etc.
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Appeal from a judgment for the plaintiff, in the Third District Court, City and County of San Francisco. Thoenton. J. The caption of the assessment in question in this case, is as follows: “ State of California, ) City and County of San Francisco, ) “Assessment made and issued this 13th day of April, 1875, for planking Polk Street from Tyler to McAllister Street, and for reconstructing the side-walks thereon, as per contract with E. Whiting,” etc. Then follows the assessment, the lots being described by reference to the diagram attached; of which the following is a copy: The other facts are…
1Opinion of the Court
Department No. 1, McKee, J.:
This is an appeal from a judgment of foreclosure of the lien of a street assessment upon a lot of land in the City of San Francisco.
It is contended that the judgment is erroneous, because the assessment does not show that the property or the streets represented upon it are within the City of San Francisco; because it does not show a sufficient description of the property; and because the law, under which the assessment has been made, is not equal and uniform, and therefore is unconstitutional and void.
First.—The Superintendent of Public Streets, Highways and…
2Cases cited3 opinions
- People v. LynchCalifornia Supreme Court · 1875
- Himmelmann v. BatemanCalifornia Supreme Court · 1875
- People of S.F. v. QuackenbushCalifornia Supreme Court · 1878
3Cited by12 opinions
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- Diggins v. HartshorneCalifornia Supreme Court · 1895
- People v. McGregarCalifornia Supreme Court · 1891
- Jennings v. Le BretonCalifornia Supreme Court · 1889
- Labs v. CooperCalifornia Supreme Court · 1895
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