Legal Opinion

Buckman v. Landers

California Supreme Court

Decided February 25, 1896No. S. F. No. 240PublishedCited by 10 opinions

Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. D. J. Murphy, Judge. The facts are stated in the opinion of the court. The certificate of the engineer therein referred to was to the effect that the grading had not been done to the official line and grade.

1Opinion of the CourtHarrison, J.

Action upon a street assessment in San Francisco. The finding of the court that Army street, upon which the work in question was done, is a public street is not specified in the statement as unsupported by the evidence, and the finding must therefore be accepted as correct.

Section 12 of the street law (Stats. 1889, p. 168) declares: “ The warrant, assessment, certificate, and diagram, with the affidavit of demand and nonpayment, shall be held prima facie evidence of the regularity and correctness of the assessment, and of the prior proceedings and acts of the superintendent of streets and…

2Cases cited9 opinions

  1. McDonald v. ConniffCalifornia Supreme Court · 1893
  2. Warren v. RiddellCalifornia Supreme Court · 1895
  3. Himmelmann v. HoadleyCalifornia Supreme Court · 1872
  4. Ede v. KnightCalifornia Supreme Court · 1892
  5. McVerry v. BoydCalifornia Supreme Court · 1891

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. O'Dea v. MitchellCalifornia Supreme Court · 1904
  2. Hollywood Cemetery Assn. v. PowellCalifornia Supreme Court · 1930
  3. Ahlman v. Barber Asphalt Paving Co.California Court of Appeal · 1919
  4. San Francisco Paving Co. v. DuboisCalifornia Court of Appeal · 1905
  5. Keller v. City of Los AngelesCalifornia Court of Appeal · 1932

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