Legal Opinion

Edwards v. Berlin

California Supreme Court

Decided February 28, 1899No. S. F. No. 1080PublishedCited by 7 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. James M. Troutt, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtTemple, J.

In this case, which is an action to foreclose an assessment lien, defendant contends that the assessment is void for eighteen specified reasons.

The first two points depend upon the alleged lack of power because the resolution of intention calls for curbing where not already done. The objection was overruled in Williams v. Bergin, 116 Cal. 56. It is held that under such a. contract or resolution nothing is left to be determined, as to the amount of work *546to be done, by the street superintendent. The board exercises its own judgment in the matter, and delegates nothing to others. (McDonald v.…

2Cases cited2 opinions

  1. Williams v. BerginCalifornia Supreme Court · 1897
  2. McDonald v. ConniffCalifornia Supreme Court · 1893

3Cited by7 opinions

  1. Reid v. ClayCalifornia Supreme Court · 1901
  2. City Street Improvement Co. v. LairdCalifornia Supreme Court · 1902
  3. Brown v. DrainU.S. Circuit Court for the District of Southern California · 1901
  4. San Francisco Paving Co. v. EganCalifornia Supreme Court · 1905
  5. Dowling v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1904

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