Legal Opinion

Miller v. Mayo

California Supreme Court

Decided April 2, 1891No. 13978PublishedCited by 4 opinions

Appeal from a judgment of the Superior Court of Sacramento County, and from an order denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the Court

The Court.

This action was brought to foreclose a lien for a street assessment upon real property of the defendant. A demurrer was filed to the complaint, which was overruled and answer filed. Trial was had, resulting in a judgment for the plaintiff, as prayed for. From that, and an order denying a new trial, the appeal is taken.

1. The demurrer to the complaint should have been sustained. Section 7 of the act of March 18,1885, under which the work was authorized, provides that “ the expenses incurred for any work authorized by section 2 of this act .... shall be assessed upon the lots and…

2Cited by4 opinions

  1. Crowe v. BoyleCalifornia Supreme Court · 1920
  2. Ransome-Crummey Co. v. BennettCalifornia Supreme Court · 1918
  3. Williams v. BerginCalifornia Supreme Court · 1900
  4. Greenwood v. MorrisonCalifornia Supreme Court · 1900

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