Los Angeles Lighting Co. v. City of Los Angeles

Street Improvement—Delay of Proceedings—Authority of Cotenant to Sign Protest.—Under the act of 1889, page 158, the protest against a proposed street improvement by the owners of a majority of the frontage of the property fronting thereon, is effectual to bar further proceedings in relation to the improvement for the period of six months; and such protest is not rendered ineffectual by reason of the fact that the protest was only signed by one of several cotenants of a lot of land fronting upon the proposed improvement.

Id.—Rights and Powers of Cotenant—Presumption.—Although a co-tenant has no power to create an encumbrance upon the entire estate, or to impose any burden upon the interests of his cotenants, he may at any time protect the entire estate from injury or loss, and his act will inure, to the benefit of his cotenants, and their authority for his acts will be presumed, where it does not appear that any of the cotenants objected or signed a petition for the improvement.

Id.—Signature of Name of Cotenant in his Presence.—Where the name of a cotenant is signed by another cotenant in his presence, and at his request, the signature is sufficient to entitle it to be considered as a protest by both cotenants against the improvement.

Id.—Form of Protests.—The protests contemplated by the statute are not required to be executed with any particular formality, and it is sufficient if they indicate to the city council that the proposed improvement is objected to, and that this objection is made by the owners of a majority of the frontage upon the line of the work.

Id.—Authority of Agent to Sign Protest.—The statute does not require that the authority to sign the protest, if signed by an agent, shall accompany the protest, nor is it necessary that the authority of the agent should be in writing, though the council may require proof of the authority, if challenged.

Id.—Signature of Corporation—Generad Manager—Official Title.— The protest of a corporation signed by one who is in fact its general manager, having authority to protect the interests of the corporation, is to be regarded as the protest of the corporation, although not signed as general manager, but merely by the official designation of president or secretary of the corporation.

Id.—Signature by Executors.—Executors are expressly authorized by the statute to sign a protest as the “owner ” for the purposes of the act.

Id.—Protest Against Part of Improvement.—A protest is sufficient for the work objected to by it, notwithstanding it does not embrace all the work enumerated in the resolution of intention for the street improvement; and the city council cannot, by including work which the property owners object to with work which they desire, compel them to accept the objected part, or to be deprived of the part which they wish to have done, and it is immaterial whether the different classes of work upon the same street are included in one paragraph of the resolution of intention or in different paragraphs.