Dyer v. Parrott
Synopsis
Street Assessment—Diagram—Street Crossing—Appeal to Board op Supervisors.—In an action to foreclose a lien for a street assessment, it appeared that the only objection to the assessment was purely technical, and that it did not and could not affect any substantial right or interest of the defendant.
Held: By neglecting to appeal to the Board of Supervisors, the defendant waived the objection.
The Court: The objection to the assessment in this case is purely technical. It is not claimed that the omission complained of affected, or could affect, any substantial right or interest of the defendant. The error is one which might have been easily remedied by an appeal to the Board of Supervisors. But no appeal was taken to that Board. If an appeal had been taken and determined, the determination would be final and conclusive upon all parties entitled to appeal. (Stat. 1871-72, p. 815, § 12.)
We think that by neglecting to appeal the defendant waived the objection which he now raises to the assessment, and that the judgment and order of the Court below should be reversed.
Judgment and order denying a new trial reversed.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)