Himmelmann v. Townsend
Before: McKinstry
Synopsis
Publication of Notice of Awabd of Street Contract.—In an action to recover a street assessment in San Francisco, the complaint must allege that the notice of the award of the contract was published by order of the Board of Supervisors.
Quere?—When there is a tenant occupying a lot in San Francisco which has been assessed for street work, should not the demand for the payment of the assessment be made upon the tenant.
Mr. Justice McKinstry, during the argument of the appellant’s second point, said that while it might not be necessary to so decide in this case, he was of opinion that if there were persons living on the lots, the demand for the assessment should have been made upon them. The requirements of the statute would not be satisfied in such a case by a demand made by the contractor standing upon one corner of the lot and speaking in a tone of voice which, while it might be said to be audible, would not be audible to a person upon the opposite corner of the lot, or within a dwelling house on the lot.
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