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Mayor and Common Council of City of Los Angeles v. Signoret

Supreme Court of California
Jul 1, 1875
50 Cal. 298 (Cal. 1875)

Summary

In Los Angeles v. Signoret, the action was for the enforcement of a lien for an assessment on a lot in the city plaintiff levied for the construction of a sewer.

Summary of this case from Meer v. Cerati

Opinion

         Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles.

         Action to enforce a lien on a lot in the city of Los Angeles for an assessment levied on the lot for the construction of a sewer. The lien was sought to be enforced under the provisions of the act to incorporate said city, passed March 11, 1850, and the amendments thereto approved April 4, 1850, and February 20, 1872. The complaint merely alleged that in pursuance of the facts set forth in a notice and claim of lien recorded in Book No. 1, of Mechanics' Liens, pages 251, et seq., recorder's office Los Angeles County, on the 16th day of August, 1873, which notice was annexed to the complaint, and marked exhibit " A," and made a part of the complaint, and to which, for all particular allegations therein contained, reference was made, the plaintiff laid out and constructed a sewer over and along the lot, and that by virtue of the premises, the plaintiff acquired a lien on the lot for the assessments levied thereon. There were no allegations showing that the council had followed the steps required by the act to acquire and enforce a lien. The notice of lien, however, contained a recital of these various steps, and upon that the pleader relied. The defendant demurred to the complaint, and the court overruled the demurrer. The plaintiff had judgment, and the defendant appealed.

         COUNSEL

          J. R. McConnell, for the Appellant.

         A. W. Hutton, for the Respondent.


         OPINION          By the Court:

         Several matters of substance are lacking in the averments found in the complaint, which are sought to be supplied only by reference to the recitals found in an exhibit annexed to the complaint--" and to which (exhibit) for all particular allegations therein contained, reference is hereby made," etc. This is not sufficient in pleading.

         Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint.


Summaries of

Mayor and Common Council of City of Los Angeles v. Signoret

Supreme Court of California
Jul 1, 1875
50 Cal. 298 (Cal. 1875)

In Los Angeles v. Signoret, the action was for the enforcement of a lien for an assessment on a lot in the city plaintiff levied for the construction of a sewer.

Summary of this case from Meer v. Cerati

In City of Los Angeles v. Signoret, 50 Cal. 298, the notice of lien was annexed to the complaint and made a part thereof and the same contention was made as here, but the Supreme Court properly said: " Several matters of substance are lacking in the averments found in the complaint which are sought to be supplied only by reference to the recitals found in an exhibit annexed to the complaint, ‘ and to which for all particular allegations therein contained reference is hereby made,’ etc.

Summary of this case from Lucas v. Rea
Case details for

Mayor and Common Council of City of Los Angeles v. Signoret

Case Details

Full title:THE MAYOR AND COMMON COUNCIL OF THE CITY OF LOS ANGELES v. F. SIGNORET

Court:Supreme Court of California

Date published: Jul 1, 1875

Citations

50 Cal. 298 (Cal. 1875)

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