Legal Opinion

Randolph v. Bayue

California Supreme Court

Decided July 1, 1872No. 3,178PublishedCited by 10 opinions

Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The plaintiff and Fabian Hildebrand were partners, engaged in the business of contracting for and performing street work, under the name of Fabian Hildebrand & Co. On the 27th day of September, 1867, the firm contracted with the City of San Francisco to improve Market street, from East to Steuart.

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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The plaintiff and Fabian Hildebrand were partners, engaged in the business of contracting for and performing street work, under the name of Fabian Hildebrand & Co. On the 27th day of September, 1867, the firm contracted with the City of San Francisco to improve Market street, from East to Steuart. This action was brought against the defendant, as the owner of a lot fronting on the improved street, to recover the assessment thereon. The plaintiff alleged that Hildebrand died on the 28th day of…

1Opinion of the Court

By the Court, Rhodes, J.:

By the judgment it is ordered, adjudged, and decreed that “there is due the plaintiff, and that he recover from the defendant, the sum of one thousand three hundred and thirty-three and twenty-three one hundredths dollars, with *369interest from, the 26th clay of February, 1869, at one per cent per month,” etc.

There is no point involved in the construction of the statutes relating to the improvement of streets, which is better settled—and, in fact, placed beyond all question—than the point that the contractor is not entitled to a personal judgment against the lot owner,…

2Cases cited1 opinion

  1. White v. LyonsCalifornia Supreme Court · 1871

3Cited by10 opinions

  1. Epping, Bellas & Co. v. RobinsonSupreme Court of Florida · 1884
  2. Dougherty v. HenarieCalifornia Supreme Court · 1873
  3. Mitchell v. Superior CourtCalifornia Court of Appeal · 1926
  4. Dunn v. BragerCourt of Appeals of Maryland · 1911
  5. Peacock v. City of MiamiSupreme Court of Florida · 1926

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