Buckman v. Landers

Citations

• 111 Cal. 347
• 43 P. 1125
• 1896 Cal. LEXIS 585

Syllabus

<p>Action upon Street Assessment—Finding—Public Street.—In an action upon a street assessment, where a finding that the street upon which the work was done is a public street is not specified in the statement as unsupported by the evidence, the finding must be accepted as correct upon appeal.</p> <p>Id.—Demand Made upon Lot—Prima Facie Evidence—Support of Finding—Want of Personal Demand.—The warrant, assessment, certificate, and diagram, with the affidavit of demand and nonpayment, are prima facie evidence, sufficient to support a finding of the court, that the agent of the plaintiff went upon the lot assessed, and while there publicly demanded payment of the assessment; and evidence that no personal demand was made upon the defendants does not impair the statement of the affidavit that the demand was made upon the lot.</p> <p>Id.—Error in Assessment—■ Omission of Lots—Appeal. —The omission from the assessment of a lot fronting on the street upon which the work was done does not render the assessment void upon its face; and any error in not including lots which should bear a part of the expenses can be corrected upon appeal to the board of supervisors; and a failure so to appeal deprives the property owners of a right to object to the omission in an action to foreclose the assessment against them.</p> <p>Id.—Completion of Contract—Assessment—Prima Facie Evidence— Certificate of Engineer.—The assessment is prima facie evidence that the contractor fulfilled his contract; and the prima facie character of this evidence is not overcome by the certificate of the city engineer that the grading was not done to the official line and grade.</p> <p>Id.—Extension of Time — Prima Eaoie Evidence of Regularity — Indorsement of Extensions—Expiration of Time Fixed.—Where the record shows that the work was completed within the time fixed for its completion by the superintendent of streets, and the subsequent extension thereof authorized by the board of supervisors, the warraut, asses