Legal Opinion

Dowling v. Hibernia Savings & Loan Society

California Supreme Court

Decided June 2, 1904No. S.F. No. 3313PublishedCited by 4 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco. J. C. B. Hebbard, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtAngellotti, J.

This is an action to foreclose the lien of an assessment for street-improvement work. Plaintiff had judgment, and certain defendants appeal therefrom.

1. It is contended that no jurisdiction was ever acquired by the board of supervisors to order the work, because no resolution of intention properly or officially authenticated was ever passed or adopted.

The plaintiff made a prima facie ease by introducing in evidence the assessment, diagram, warrant, return, and engineer’s certificate. To overcome the case thus made defendants produced as a witness an assistant clerk of the board of…

2Cases cited4 opinions

  1. Williams v. BerginCalifornia Supreme Court · 1897
  2. McDonald v. ConniffCalifornia Supreme Court · 1893
  3. Reid v. ClayCalifornia Supreme Court · 1901
  4. Edwards v. BerlinCalifornia Supreme Court · 1899

3Cited by4 opinions

  1. San Francisco Paving Co. v. EganCalifornia Supreme Court · 1905
  2. Barber Asphalt Paving Co. v. CristCalifornia Court of Appeal · 1913
  3. Sacramento Paving Co. v. AndersonCalifornia Court of Appeal · 1905
  4. Pepper v. NeimanCalifornia Court of Appeal · 1906

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