Alameda Macadamizing Co. v. Williams

Citations

• 70 Cal. 534
• 12 P. 530
• 1886 Cal. LEXIS 840

Syllabus

<p>Street Assessment—City of Oakland — Macadamizing Portions of Street. —Under the statutes of 1864 and 1870, authorizing the city council of the city of Oakland to order the whole or any portion of the streets of the municipality macadamized, the city council has power to let the work of macadamizing separate portions of a street in one contract.</p> <p>Id.—Protest against Proposed Work — Evidence—Findings—Judgment— Presumption. —The action was brought to foreclose an assessment for the macadamizing of a street in the city of Oakland. An issue was raised by the pleadings as to whether a majority of the property owners on the line of the street protested against the proposed work. On the trial, the court excluded the written protest offered in evidence by the defendant, but the plaintiff admitted the names of the protestante, and the number of front feet owned by each on the line of the work. Findings were waived, and judgment rendered in favor of the plaintiff. Held, that it would be presumed that a majority of the property owners on the line of the work did not protest.</p> <p>Id.—Held, further, that the exclusion of the written protest was without prejudice to the defendant, as the admission of the plaintiff afforded him the benefit of the testimony which the protest would have furnished.</p> <p>Id. — Description of Land—Side Line of Street as Boundary. — In such an action, where the complaint describes the land assessed as bounded by the side line of the adjoining street, the presumption that the land extends to the center of the street is rebutted.</p> <p>Id.—Record of Street Assessment—Evidence.—Under section 18 of the act of April 4, 1864, the records of a street assessment kept by the marshal of the city of Oakland, and signed by him, have the same force and effect as other public records, and copies therefrom duly certified are admissible in evidence with the same effect as the originals.</p> <p>Id.—Demand of Payment—Assessment to Unknown Owners.—Under that