Schumacker v. Toberman
California Supreme Court
Appeal from a judgment for the plaintiff, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J. The council of Los Angeles, under the provisions of the charter of that city (Stats. 1875-76, pp. 705, et seq.), determined to extend and widen Los Angeles street, and ordered proceedings for condemnation, which were regularly had, unless the omission to make Michael Reese—a mortgagee of a part of the land condemned—a party was an irregularity.
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Appeal from a judgment for the plaintiff, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J. The council of Los Angeles, under the provisions of the charter of that city (Stats. 1875-76, pp. 705, et seq.), determined to extend and widen Los Angeles street, and ordered proceedings for condemnation, which were regularly had, unless the omission to make Michael Reese—a mortgagee of a part of the land condemned—a party was an irregularity. The damages having been ascertained, the council ordered an assessment to pay the same to be made “on Alameda street, one hundred feet…
1Opinion of the Court
McKinstry, J.:
Section 8 of article vi of “ An act to revise an act entitled an act to amend the charter of the city of Los Angeles,” etc. (Stats, of 1875-76, p. 709), provides, that damages incurred in extending a street shall be paid by the real estate fronting either side of the extension, and of the original street, from the commencement of the extension to a point on the original street to be fixed by the common council. The section closes: “ Provided, that, in all cases mentioned in this section, the real estate fronting a cross-street, or street fronting [forming ?] a junction with such…
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