63 Cal. 397 | Cal. | 1883
The Act of April 1, 1878 (Stats. 1877-78, p. 931), must be construed as having the effect of changing the
The court found that the resolution ordering the work to be done was not, after its introduction, published before final action thereon; that notice of the nature and character of the work to be done, with specifications, was not posted in the office of the superintendent of streets; and that no notice of the award was published. The only evidence upon that subject was the assessment, diagram, warrant, and affidavit of demand and non-payment, with the indorsements thereon showing due recording. The statute (Stats. 1871—72, p. 815, § 12) makes the warrant, assessment, and diagram prima fade evidence of the regularity and correctness of the assessment, and of the prior proceedings and acts of the superintendent, and of the regularity of all the acts and proceedings of the board of supervisors, upon which they are based; therefore there was some evidence of the regularity and correctness of the proceedings, and, there being no evidence in conflict, the findings above referred to are not sustained.
We are of opinion that the general statutes concerning the improvement of streets in the city and county of San. Fran
The judgment and order are reversed, and the cause is remanded for a new trial.
Thornton, J., and Sharpstein, J., concurred.
Hearing in Bank denied.