Legal Opinion

City of San Francisco v. Certain Real Estate

California Supreme Court

Decided July 1, 1875No. 4168PublishedCited by 3 opinions

Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. Action to enforce a lien on a lot twenty-five feet front by eighty deep, on the northwest side of Brannan street, one hundred feet northeasterly from Second street. The lien was claimed for $617.76, for modifying the grade of Bran-nan street, under a contract made by the city authorities, under the act of March 30, 1868, mentioned in the syllabus.

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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. Action to enforce a lien on a lot twenty-five feet front by eighty deep, on the northwest side of Brannan street, one hundred feet northeasterly from Second street. The lien was claimed for $617.76, for modifying the grade of Bran-nan street, under a contract made by the city authorities, under the act of March 30, 1868, mentioned in the syllabus. The plaintiff offered in evidence the original assessment-roll, to which was appended the following certificate of the Mayor: “I, Thomas H. Selby, Mayor…

1Opinion of the Court

By the Court, Crockett, J.:

Counsel have stipulated that the only question to be determined on this appeal shall be “whether or not the duplicate of assessment-roll specified in the statute authorizing the improvement, should have had incorporated therein, by the auditor of the city and county of San Francisco, the certificate of the mayor,” appended to the original roll, certifying to its correctness.

The statute required the assessment-roll to be made up from the report of the commissioners, under the supervision of the mayor. It involved only a clerical duty; and “ when complete” the mayor…

2Cited by3 opinions

  1. Bienfield v. Van NessCalifornia Supreme Court · 1917
  2. Gillis v. ClevelandCalifornia Supreme Court · 1890
  3. Moffitt v. JordanCalifornia Supreme Court · 1900

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