Kerr v. McCloskey (1866) · DecisionDepot

Kerr v. McCloskey

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jun 1, 1866 No. No. 956Published

Before: Currey, Rhodes, Sanderson, Sawyer, Shafter

AI Brief

AI-generated · verify before citing

Holding. The court held that a street contract is valid when signed by the owners of the majority of the frontage, excluding married women, and that appellate review of an assignment's sufficiency is precluded by a failure to specify the grounds in the motion for a new trial.

Issues

Whether a street contract is valid when signed by the majority of frontage owners excluding married women.
Whether the sufficiency of an assignment can be reviewed absent a specification of grounds in the motion for a new trial.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Without including the two married women, “the owners of the major part of the frontage of the lots and lands liable to be assessed” elected to take the work and entered into the contract to do it. This is sufficient.”

“there is no specification in the statement of either of these grounds of motion.”

Synopsis

APPEAL from Twelfth Judicial District, San Francisco County.

SAWYER, J. Action upon a street contract in. San Francisco. Without including the two married women, “the owners of the major part of the frontage of the lots and lands liable to be assessed” elected to take the work and entered into the contract to do it. This is sufficient. We also think the assignment and the evidence of assignment sufficient to support the finding on that point if the statement on motion for new trial was sufficient to present the point. But it is not, for there is no specification in the statement of either of these grounds of motion.

Judgment affirmed.

We concur: Sanderson, J.; Shafter, J.; Currey, C. J.; Rhodes, J.

Kerr v. McCloskey

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief