# Gately v. Leviston

> California Supreme Court · May 8, 1883 · 63 Cal. 365

URL: https://www.frixlaw.com/law-library/cases/5441281

## Case

- **Full name:** P. GATELY v. WILLIAM LEVISTON
- **Court:** California Supreme Court
- **Decided:** May 8, 1883
- **Citations:** 63 Cal. 365; 1883 Cal. LEXIS 460
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Sharpstein
- **Judges:** Sharpstein
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5441281

## Opinion text

Sharpstein, J.
Action upon a street assessment for grading the crossing of Broadway and Gough Streets. The record shows that the property owners upon whose petition the board *366 of supervisors is authorized to order that kind of work to be done did not petition to have it done, nor did the superintendent of streets recommend that it should be done. Without such a petition or recommendation the appellant contends that the board could not acquire jurisdiction to order the work done.Such is our understanding of the law. (Stats. 1871-72, § 4, p. 805; Dyer v. North, 44 Cal. 157 ; Dyer v. Miller, 58 Cal. 585 .)
Judgment and order reversed.
Thorrtor, J., and Myrick, J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5441281. Public record. Not legal advice.