Dougherty v. Harrison

Citations

• 54 Cal. 428

Syllabus

<p>Street Improvement—Evidence—Burden of Proof—Presumption.—In an action upon a street assessment, it appeared that, ten days before the order of the Board of Supervisors directing the clerk to advertise for bids, writ- , ten objections were filed by the owners of more than one-half in frontage of the lots fronting on the improvement. Held, that under the 1st section of the Act of 1863—relating to street improvements in San Erancisco—such written objections displaced the primaj’acie proof of regularity made by the warrant, assessment, and diagram, and threw upon the jffaintiff the burden of showing that the bar effected by the objections had been removed.</p>