Himmelmann v. McCreery

California Supreme Court
Himmelmann v. McCreery, 51 Cal. 562 (Cal. 1877)

Himmelmann v. McCreery

Opinion of the Court

By the Court:

The resolution of intention, and the order directing the work to be done, provided: “That sidewalks be constructed on Shotwell street, from Fourteenth to Eighteenth streets, where not already constructed; and that the sidewalks thereon be reconstructed where necessary.”

On the authority of Richardson v. Heydenfeldt, 46 Cal. 68; People v. Ladd, 47 Id. 603, the judgment is reversed and the cause remanded, with direction to the court below to enter judgment on the findings in favor of the defendant.

Reference

Full Case Name
ANDREW HIMMELMANN v. ANDREW B. McCREERY
Status
Published
Syllabus
Stbeet Assessments.—A resolution of intention to improve a street in Sail Francisco, which provides for constructing sidewalks where not already constructed, and for reconstructing them where necessary, does not give the board jurisdiction to perform the work.