Dowling v. Conniff

Citations

• 103 Cal. 75
• 36 P. 1034
• 1894 Cal. LEXIS 724

Syllabus

<p>Street Improvement—Error in Amount of Assessment—Failure to Appeal to Supervisors—Waiver.—Where a lot is lawfully assessed for work done on a street crossing, the mistake of the superintendent of streets in assessing it for a sum exceeding its proper proportion is merely an error in the exercise of unquestionable power, which error might have been corrected by an appeal to the board of supervisors; and the failure to take such appeal operated as a waiver of the error.</p> <p>Id.—Prima Facie Evidence of Regularity—Constitutional Law.— The statute providing that the warrant, assessment, and diagram shall be held prima facie evidence of the regularity of the correctness of the assessment, and like evidence of the right of plaintiff to recover in the action, is not in violation of the constitution, and the plaintiff in an action upon an assessment for a street improvement may properly recover on such prima facie evidence, where the defendant introduces no evidence whatever.</p> <p>Id.—Effect of Appeal to Supervisors, When Not Involved.—In a case where there was no appeal in fact to the board of supervisors, the question as to whether under the constitution, in case of an appeal to the board of supervisors, the judgment of the board is final and conclusive, is not involved.</p>