Brady v. Kelly
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 24th day of May, 1869, the Board of Supervisors of the City and County of San Francisco passed a resolution of intention to construct a brick sewer, with manhole and cover, on Leavenworth Street, from Geary to O’Farrell Street. The contract was let, and the work performed.
Read the full summary
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 24th day of May, 1869, the Board of Supervisors of the City and County of San Francisco passed a resolution of intention to construct a brick sewer, with manhole and cover, on Leavenworth Street, from Geary to O’Farrell Street. The contract was let, and the work performed. The plaintiff: owned two lots on Leavenworth Street, on one of which an assessment of one hundred and six and sixteen one-hundredths dollars was levied, and on the other an assessment of three hundred and twenty-eight and…
1Opinion of the Court
The liens were enforced under the Statute of 1862, p. 391, and the Act of 1863, p. 525. The proceedings are wholly in rem against the lots for the specific amounts assessed against each, and as there is no contract between the plaintiff and defendant in reference to either piece of land, it is difficult to imagine upon what principle the joinder of action can be sustained.
It is apparent from the provisions of secs. 8, 9, 10,11, and 13 of the acts in question that the assessment on each lot, so separately assessed and numbered on the diagram, constitutes a single and separate cause of action;…
2Cited by4 opinions
- Malone v. Big Flat Gravel Mining Co.California Supreme Court · 1888
- Stege v. City of RichmondCalifornia Supreme Court · 1924
- Frankenstein v. COIL CONSTR. CO., INC.Indiana Court of Appeals · 1957
- Frankenstein v. COIL CONSTR. CO., INC.Indiana Court of Appeals · 1957