Williams v. Bergin

Street Assessment—Jurisdiction oe Street Superintendent—Change of Judgment.—The act of the superintendent of streets in making a street assessment is in the nature of a judgment by a tribunal of special jurisdiction, whose power is exhausted after its judgment has once been exercised, and, in the absence of statutory authority for its revision, the judgment cannot be changed.

Id.—Increase of Amount of Lien—Notice to Owner.—If the lien charged upon the land of the owner for a specified sum is to be increased it is essential that the owner shall have notice thereof, and an opportunity to be heard thereon.

Id.—Appeal by Contractor to Supervisors—Notice—Jurisdiction.— Upon an appeal by the contractor to the supervisors for an increase of the amount of the lien the notice to the owner is in the nature of process by which the board of supervisors may acquire jurisdiction to act upon the appeal and change the assessment, and the means provided by the law to warn the owner of an intended increase of the lien upon his property must be followed in order to effect an increase thereof.

Id.—Mode the Measure of Power — Revision of Assessment.—The mode which the statute prescribes for a revision of the assessment is the measure of the power, and, unless that mode is followed, any attempted revision will be nugatory.

Id.—Notice not the Equivalent of Knowledge.—Notice, when required by statute, is not the equivalent of knowledge, and the supervisors gain jurisdiction to act upon the appeal only by giving the notice that the statute requires, and in the manner that is required, and not by the fact that the parties interested may have knowledge of their intended action.

Id.—Notice must be Authentic.—The term “notice” of itself imports that the information given thereby comes from an authentic source, and is directed to some one who is to act, or refrain from acting in consequence of the information contained in the notice.

Id.—Insufficient Notice of Appeal to Supervisors — Notice to Appellants Only—Void Increase of Assessment.—Where, upon an appeal by a contractor from a street assessment, the board of supervisors ordered the publication of a resolution requiring all appellants to appear and be heard'iu respect of their appeals, without specifying the owners of the property, or the defendants against whom the appeal is taken, the supervisors acquire no jurisdiction to act upon the appeal, and their increase of the assessment upon such appeal is void.

Id.—Effect of Appeal—Suspension of Collection—Suit by Contract- or.—The effect of an appeal from an assessment by the street superintendent is to suspend all action for the collection of the assessment until after its determination, and, until the confirmation of the assessment by the board of supervisors, or the making of a new one under its direction, the contractor cannot sue upon an assessment made by the supervisors without authority.