Barber v. Board of Supervisors
Barber v. Board of Supervisors
Opinion of the Court
The petitioners claim that the Board of Supervisors exceeded its jurisdiction in entertaining the appeal of Eastland and Donahue from the assessment made by the Superintendent of Streets, and also in setting aside the assessment and ordering a new one to be made. Section twelve of the Consolidation Act as amended in 1863 (Stats. 1863, p. 530) authorizes any person interested in the work, who objects to the correctness or legality of the assessment, to appeal to the Board of Supervisors, stating briefly in writing the objections to the assessment; and it is made the duty of the Board to hear and determine the objections. It is further provided that the Board may correct, alter, or modify the assessment in such manner “ as to them shall seem just, and may instruct and direct the Superintendent to correct said warrant, assessment, or diagram in any particular, and to make and issue a new warrant, assessment, and diagram, to conform to the decisions of said Board in relation thereto, at their option.” The decisions of the Board, after hearing and notice, are made final and conclusive on all persons entitled to appeal, “ as to all errors and irregularities which said Board could have remedied and avoided.” The only reason urged by the petitioners why the Board did not acquire jurisdiction to' hear and determine the appeal is that the petition of East-
So ordered.
Mr. Chief Justice Sprague did not participate in the foregoing decision.
Reference
- Full Case Name
- WILLIAM BARBER v. THE BOARD OF SUPERVISORS OF THE CITY AND COUNTY OF SAN FRANCISCO
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- San Francisco Street Law—Petition on Appeal to Supervisors.— Where a petition on appeal to the Supervisors of San Francisco, from a street assessment, based upon the ground that petitioners did the work in front of their premises in time, and were not allowed therefor, omitted to show that petitioners had obtained the certificate from the Surveyor required by law (Stats. 1867-8, p. 361, Sec. 8, Subd. 11); held, that such petition was not bad on account of such omission, or insufficient to give the Board jurisdiction. Statement oe Objections to Street Assessment on Appeal to Supervisors.—The San Francisco street law of 1863, in providing for an appeal to the Board of Supervisors (Stats. 1863, p. 530, Sec. 12), does not exact from persons objecting to an assessment the same strictness and precision, in stating their objections, which would be required in a pleading at common law. Bight to Hear Appeal Includes Power to Determine It.—In case of an appeal to Supervisors, provided for by law, where the proceedings are sufficient to give them a right to hear it, such right necessarily includes the power to determine it. On Certiorari, only Jurisdictional Matters in Question.—Where a Board of Supervisors has jurisdiction of a proceeding, and acts upon it, any error it may commit in its conclusions as to facts, not affecting its jurisdiction, cannot be reviewed on certiorari.