Dowling v. Adams

Dowling v. Adams, 41 P. 413 (Cal. 1895)

Court: California Supreme Court · State Highest Courts
Decided: August 21, 1895
Docket: No. 15,913
Citations: 41 P. 4135 Cal. Unrep. 115
Disposition: Reversed.

Cited by 0

Syllabus

Certificate of Surveyor—Authority of Clerk to Sign.—Where a city supervisor is required' to sign a certificate as to a public improvement, it cannot be signed by his clerk, who had no specific directions from Mm to sign it.1

Summary

APPEAL from Superior Court, City and County of San Francisco; J. M. Troutt, Judge. Action by one Dowling against one Adams and others. Judgment was rendered for plaintiff, and defendants appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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PER CURIAM.

Action upon a street assessment. The testimony on behalf of the defendants showed that the certificate of the city and county surveyor, which was recorded in the office of the superintendent of streets, was not made by that officer, but that his name was signed thereto by a clerk in his employ, without any specific directions therefor. The testimony upon this point is almost identical with that given in Rauer v. Lowe, 107 Cal. 229 , 40 Pac. 337 . Upon the authority of that ease, the judgment is reversed.

How later courts describe this case

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Cited by 0 cases

No case in this database cites this case.

Authorities cited 1

Depth	Case	Cited by
	Rauer v. Lowe, 40 P. 337 (Cal. 1895)	10

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