City of Stockton v. Skinner
Synopsis
Street Assessment in Stockton.—The adoption of a resolution by the City Council of Stockton, directing the publication of advertisements inviting proposals for street work, to be done “in accordance with the plans and specifications therefor now on file in the office of the City Clerk,” is equivalent to the adoption of such plans and specifications, and is tantamount to a prior direction to the City Surveyor to make a survey, diagram, estimates, and specifications.
By the Court : The resolution of the City Council of October 20th, 1873, admitted to have been duly entered on its journal, was equivalent in law to an adoption of the survey, diagram, and specifications before them, made by the City Surveyor and filed with the Clerk, and was tantamount to a prior direction to the City Surveyor to make said survey, diagram, estimates, and specifications.
Judgment reversed and cause remanded, with an order to the Court below to enter a judgment for the plaintiffs upon the admissions of the pleadings, in connection with the agreed statement of facts.
Remittitur forthwith.
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