I Goldtree Plaintiff Vs John D Spreckels Defendant Opinion of Hon Es T
I Goldtree Plaintiff Vs John D Spreckels Defendant Opinion of Hon Es T
California Superior Court San Diego County
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It is certainly a reason- able inference, however, that these quotations, were not made in support of the doctrine that the Legisla- ture could not authorize the cost of street improve- ments to be assessed on the abutting properly, for the reason thai in the same work the weight of judicial opinion on that subject is stated as follows: (/)///. Mini. Corp. , 4th Ed. \V)1. 2, Sec. 752. ) "Whether the ex])ense of making such imjirove- ments shall be paid (Uit of the general treasury, or be assess...ed upon the abutting property or other ])r()i>erly spcially benelitted. And. If in the latter mode, whether the assessment shall be ui)on a;l iirojierly found to be benefitted, or alone upon the abu. Tters. According to frontage or according to the area of their lots, is. Ac- cording to the present weight of authority, considered to be n (juestion of legislative expcliency. " And, as said Mr. Justice Brewer in his dis. Scuting opinion in the Norwood ca. Sc. Th's statement of Ju Dillon was approvingly (|UOted by the Suircive Ct.
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