Haskell v. Bartlett
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover a street assessment in the City and County of San Francisco.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover a street assessment in the City and County of San Francisco. The complaint alleged the institution of proceedings by the Board of Supervisors on the 21st of December, 1864, for paving and constructing crosswalks and sidewalks on Commercial street, between Front and Drum; the publication of the resolution of intention for ten clays daily, (Sundays excepted,) in the Alta California; the passage of the resolution ordering the work on the 3d day of January, 1865; and all the…
1Opinion of the Court
By the Court, Sanderson, J.:
Street assessments in San Francisco are not contracts within the meaning of the statute in relation to interest. (Statutes 1850, p. 92.) - Hor is there any provision in the statutes in relation to street improvements in that city which allows interest upon street warrants. (Statutes 1862, p. 391; 1863, p. 525.) The thirteenth section of the latter Act gives the contractor or his assignee a right of action for the amount of the assessment only; nothing is said about interest. “
The appellant’s objection to the publication of the notice of intention should have been…
2Cases cited2 opinions
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