THE PEOPLE OF THE CITY AND COUNTY OF SAN FRANCISCO v. W. H. LADD

[No. 4,083.] THE PEOPLE OF THE CITY AND COUNTY OF SAN FRANCISCO v. W. H. LADD. Resolution to Impeove a Stbeet.—If a resolution of intention to improve a street in San Francisco provides that the street shall be improved where necessary, the Board of Supervisors acquires no jurisdiction, and the assessment is void. Appeal from, the District Court, Twelfth Judicial District, City and County of San Francisco. The action was brought to recover a street assessment. The defendant had judgment, and the plaintiff appealed therefrom, and from an order denying a new trial. W. C. Burnett and E. F. Preston, for Appellant. J. F. Cowdery and Alfred Rix, for Respondents. [MAJORITY — By the Court:] By the Court: The resolution of intention, upon which the assessment is founded, was, among other things, that Folsom Street, from First to Second, be repaired “ where necessary,” and that “ curbs and sidewalks thereon be reconstructed where necessary,” etc. Upon the authority of Richardson v. Heydenfeldt, 46 Cal. 68, and People v. Clark, ante, 456, the judgment and order denying a new trial are affirmed. Remittitur forthwith.