California Supreme Court April 21, 1887, No. 9532 (Phelan v. Dunne)

Paterson, J.

The executors of the last will and testament of James Dunne, deceased, are not necessary-parties in this action. It is true, the resolution of intention to improve the street in front of the property described in the complaint was passed by the board of supervisors, and the contract for the work let to plaintiff prior to the death of said James Dunne, but the assessment was not made