Street Work Laws of the State of California

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Street Work Laws of the State of California
Frank Graham Finlayson
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This act of 1872 expressly provided that "fraud in the assessment or in any of the acts or proceedings prior thereto" might be set up in defense to the action. [Statutes 1871-2, p. 817. J Section 12 of the Vrooman act is the section which corresponds to section 13 of this act of 1872. [See section 12 of the Act, post. ] Section 12 of the Vrooman act does not expressly provide for such a defense, and it is probable, unless there be some provision overlooked by the author, that the doctrine 56 ST...REET WORK LAW STREET IMPROVEMENT ACT of Nolan v. Eeese, 32 Gal. 484, will be followed by the courts in actions arising under the Vrooman act, if such a defense is interposed to an action upon an assessment for work done under the Vrooman act. By section 11 of the Act it is provided that "no assessment shall be held invalid, except upon appeal to the city council, as provided by this section, for any error, informality or other defect in any of the proceedings prior to the assessment, or in the assessment itself, when notice of the intention of the council to order the work to be done, for which the assessment is made, has been actually published in any designated newspaper of said city for the length of time prescribed by law, before the passage of the resolution ordering the work to be done.

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