Himmelman v. Oliver
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action to recover three thousand one hundred and twenty-eight dollars and seven cents, for a street assessment in the City of San Francisco, and to enforce a lien on defendant’s property as security for its payment.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action to recover three thousand one hundred and twenty-eight dollars and seven cents, for a street assessment in the City of San Francisco, and to enforce a lien on defendant’s property as security for its payment. The complaint alleged a compliance with all the requirements of the laws regulating the improvement of streets in that city; and that after the contract had been duly let, the first contractor failed to perform the same, whereupon the Board of Supervisors immediately, and…
1Opinion of the Court
By the Court, Sanderson, J.:
The only points involved in this case relate, first, to the power of the Board of Supervisors of the City and County of San Francisco, under the statutes in .relation to street improvements, to readvertise for bids for street work where a contractor has failed to perform the work, without repeating the steps necessary to obtain jurisdiction; second, to the question whether street assessments, as such, draw interest; and, third, whether a judgment in an action to recover a street assessment draws interest.
The first is answered in the affirmative by the case of…
2Cases cited1 opinion
- Dougherty v. FoleyCalifornia Supreme Court · 1867
3Cited by4 opinions
- People v. Central Pacific RailroadCalifornia Supreme Court · 1895
- City of Lexington ex rel. Menefee v. Commercial BankMissouri Court of Appeals · 1908
- Dougherty v. MillerCalifornia Supreme Court · 1869
- Stovall v. City of JasperSupreme Court of Alabama · 1928