Beaudry v. Valdez
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. When the plaintiff introduced the assessment roll in evidence the defendant’s attorneys objected to its reception because “it was not made in accordance with the requirements of section eight of ‘ An Act to authorize the City Council of the City of Oakland to improve the streets, lanes, alleys, courts and places in said city,’ approved April 4th, 1864; that the said pretended assessment does not show…
Read the full summary
Appeal from the District Court, Third Judicial District, Alameda County. When the plaintiff introduced the assessment roll in evidence the defendant’s attorneys objected to its reception because “it was not made in accordance with the requirements of section eight of ‘ An Act to authorize the City Council of the City of Oakland to improve the streets, lanes, alleys, courts and places in said city,’ approved April 4th, 1864; that the said pretended assessment does not show the name of the owner of each lot, or portions of a lot; nor the rate per front foot; nor does the diagram attached…
1Opinion of the Court
By the Court, Sanderson, J.:
Action to recover an assessment levied for the improvement of Broadway street, in the City of Oakland.
I. The first point, to the effect that the City Council had not acquired jurisdiction of the subject matter at the time they ordered Broadway street to be improved, because the resolution of intention had not been presented to or approved by the Mayor of the city, is answered by the case of Taylor v. Palmer, 31 Cal. 240. Upon this point the statute under which the City of Oakland works when improving her streets is identical with that under which the City of San…
2Cases cited5 opinions
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Taylor v. PalmerCalifornia Supreme Court · 1866
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Emery v. BradfordCalifornia Supreme Court · 1865
- Hendrick v. CrowleyCalifornia Supreme Court · 1866
3Cited by16 opinions
- Osburn v. StoneCalifornia Supreme Court · 1915
- City of Imperial Beach v. BaileyCalifornia Court of Appeal · 1980
- Dyer v. ScalmaniniCalifornia Supreme Court · 1886
- Partridge v. LucasCalifornia Supreme Court · 1893
- Rubin v. City of SalemOregon Supreme Court · 1911
11 more not listed; retrieve them via the Exa API.