Hewes v. Reis
California Supreme Court
Appeal from tbe District Court of tbe Twelfth District, City and County of San Francisco. Tbe facts are stated in tbe opinion. First — Tbe lots of land described in tbe complaint were not described in tbe assessment. In order to validate an assessment upon real estate, it is necessary that tbe real estate should be accurately described. (Tollman v. While, 2 Comst. 66; Lachman v. Ciarle, 14 Cal. 133; Sharp r.
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Appeal from tbe District Court of tbe Twelfth District, City and County of San Francisco. Tbe facts are stated in tbe opinion. First — Tbe lots of land described in tbe complaint were not described in tbe assessment. In order to validate an assessment upon real estate, it is necessary that tbe real estate should be accurately described. (Tollman v. While, 2 Comst. 66; Lachman v. Ciarle, 14 Cal. 133; Sharp r. Spier, 4 Hill. 89; Raymond v. Longworth, 4 McLean, 481,- Keane v. Caoiowvan, 21 Cal. 291.) It is not sufficient to refer to tbe diagram for a description of tbe lots. Tliat would be to…
1Opinion of the CourtTemple, J.
Action upon a street assessment for grading a portion of Townsend street, San Francisco. To support his claim the plaintiff introduced the assessment, warrant, diagrams and return, which were objected to on various grounds, and the rulings of the Court in admitting them against the objections of the defendants are assigned as error.
*261Tbe first objection is that the assessment does not contain a description of the property, and the particular point of the objection is, that the assessment refers to the diagram attached thereto to complete the description, which otherwise is imperfect.
There is no…
2Cases cited1 opinion
- Himmelmann v. SteinerCalifornia Supreme Court · 1869
3Cited by28 opinions
- Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
- Grubb v. SmileySupreme Court of Oklahoma · 1929
- Chase v. City Treasurer of Los AngelesCalifornia Supreme Court · 1898
- Comstock v. City of Eagle GroveSupreme Court of Iowa · 1907
- Bank of Columbia v. PortlandOregon Supreme Court · 1902
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