Legal Opinion

Schirmer v. Hoyt

California Supreme Court

Decided July 1, 1880No. 6,506PublishedCited by 3 opinions

Appeal from a judgment for defendants, and from an order denying a motion for new trial, in the Twelfth District Court, City and County of San Francisco. Daingerfield, J. The facts are stated in the opinion.

1Opinion of the Court

Department No. 2, Morrison, C. J.:

This is an action on a street assessment. Plaintiff had judgment in the Court below; defendant moved for a new trial, which was refused; and the appeal is from both the judgment *281and the order denying the motion for a new trial. There is but one question in the case, and that relates to the sufficiency of the demand.

It appears, from the diagram accompanying the assessment, that the lots numbered 5 and 18 were assessed, the former for $137.85, and the latter for $9.55. The return shows that a demand for an aggregate sum was made on the two lots. It is as…

2Cases cited1 opinion

  1. Dyer v. ChaseCalifornia Supreme Court · 1877

3Cited by3 opinions

  1. Ryan v. AltschulCalifornia Supreme Court · 1894
  2. Gillis v. ClevelandCalifornia Supreme Court · 1890
  3. Donnelly v. HowardCalifornia Supreme Court · 1882

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