59 Cal. 52, 6,649, Brady v. Page

Docket Nº:6,649
Citation:59 Cal. 52
Party Name:JOHN J. BRADY v. ROBERT C. PAGE et al.
Attorney:Joseph M. Nougues, for Appellants. C. H. Parker, for Respondent.
Judge Panel:JUDGES: Ross, J., expressed no opinion. McKinstry, J., dissenting. McKINSTRY
Case Date:July 01, 1881
Court:Supreme Court of California
 
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Page 52

59 Cal. 52

JOHN J. BRADY

v.

ROBERT C. PAGE et al.

No. 6,649

Supreme Court of California

July, 1881

Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Fourth District Court, City and County of San Francisco. Morrison, J.

COUNSEL

Joseph M. Nougues, for Appellants.

The assessment and diagram do not show that it is for property in the City and County of San Francisco. The assessment, diagram, and warrant do not contain a description of the property. There is an utter absence of any scroll, arrow, or barb, to indicate the location of the lot. (Himmelmann v. Cahn , 49 Cal. 286; Norton v. Courtney , 53 id. 691; Whiting v. Quackenbush , 54 id. 306; Himmelmann v. Bateman , 50 id. 12; Stat. 1862--The Street Law.)

C. H. Parker, for Respondent.

Brumagim v. Bradshaw , 39 Cal. 40; Whiting v. Quackenbush , 54 id. 310; Himmelmann v. Hoadley , 44 id. 213; Mahoney v. Aurrecochea , 51 id. 430; Baker v. Hope , 49 id. 598; Lucas v. Marysville , 44 id. 210; Boggs v. Clark , 37 id. 236; Wetherbee v. Dunn , 32 id. 106; Whitmore's Index to California Reports, title " Judicial Notice," 340.

JUDGES: Ross, J., expressed no opinion. McKinstry, J., dissenting.

OPINION

In Bank.

Page 53

The Court:

This is an action to enforce a lien for a street assessment on the following described property: " Commencing at the corner formed by the intersection of the southerly line of O'Farrell Street with the westerly line of Laguna Street, running thence westerly along the southerly line of O'Farrell Street one hundred and thirty-seven and one half feet, thence at right angles southerly one hundred and twenty feet to Olive Avenue, thence at right angles easterly one hundred and thirty-seven and one half feet, and thence at right angles northerly one hundred and twenty feet to the point of commencement."

The assessment and diagram are as follows:

" Lots numbered and exhibited on the diagram hereto attached:

No. Names of Front By Whom Paid. Amount. Owners. Ft.
1. Unknown. 137 1/2 Paid J. J. Brady $ 1,773 35
2. Unknown. 137 1/2 1,773 35
3. Unknown. 137 1/2 Paid J. J. Brady 1,773 35
4. Unknown. 137 1/2 1,773 35
5. Unknown. 137 1/2 1,773 35
6. Unknown. 25 Paid M. M. B.--J. J. Brady 322 40
7. Unknown. 25 322 40
8. Unknown. 31 1/4 Paid J. J. Brady 403
...

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