Ziegler v. Hopkins,
117 U.S. 683 (1886)

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U.S. Supreme Court

Ziegler v. Hopkins, 117 U.S. 683 (1886)

Ziegler v. Hopkins

Submitted March 1, 1886

Decided April 12, 1886

117 U.S. 683


A statute of California authorized the opening of a street in San Francisco, to be known as Montgomery Avenue, the cost and expenses to be assessed on certain specified lots in proportion to the benefits accruing therefrom, and provided that when a majority in frontage of the owners of these benefited lots should petition certain officials for the opening, those officials should

Page 117 U. S. 684

organize into a board and proceed to open it and to apportion the cost in the manner pointed out by the statute. A petition being presented to the designated officials, they organized and certified that the petition had been subscribed by the owners of the requisite amount of frontage, and proceeded to lay out the street and apportion the costs and expenses among those benefited in the manner provided by the statute. They reported their action to the county court as required by the statute, and the report was confirmed by the court. A tax was thereupon levied in the ordinary way in 1878-1879 to meet the portion of the costs and expenses payable that year by the terms of the statute. H, an owner of a lot thus assessed and

levied on, declining to pay, the land was seized and sold for the default to Z, who thereupon brought ejectment to recover possession. Held, that on the trial of this action, H was not estopped by the acceptance of the petition by the officials and their certificate upon it or by the judgment of the county court confirming their report from showing that the petition for the opening was not signed by the owners of the requisite amount of frontage.

Mulligan v. Smith, 59 Cal. 206, approved and applied.

The court below having found that the property in dispute is worth $5,000, this Court, on motion to dismiss, disregards affidavits that it is worth less, although, taken by themselves, the affidavits show that it may be worth less than that sum.

Ejectment. Motion to dismiss. The case is stated in the opinion of the Court.

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