McDonald v. Conniff

Citations

• 99 Cal. 386
• 34 P. 71
• 1893 Cal. LEXIS 675

Syllabus

<p>Street Assessment—Improvement op Part op Street between Crossings — Validity op Assessment__Under the act of 1889 (Stats. 1889, p. 157), the ci:y council has authority in certain cases to order the improvement of only a portion of a street lying between two main street crossings, and when so ordered, the assessment therefor must be upon only the lots which front on the portions of the work ordered; and an assessment for work done under such order is not void upon its face because only a part of the lots on the street on which the work is to be done are assessed therefor.</p> <p>Id.—Improper Assessment — Remedy by Appeal.—It is the duty of the superintendent of streets, when part only of a street is ordered improved, to exclude from the assessment lots fronting upon excepted work already done; but the remedy of the party aggrieved is by an appeal to the supervisors for correction of the assessment, and it is not rendered void upon its face for including lots Which ought not to be assessed.</p> <p>Id. — Diagram of Street Work Auxiliary to Assessment—Contents—Location of Work not Required. —A diagram of street work attached to an assessment therefor is only auxiliary to the assessment, and if it exhibits the street upon which the work was done and also delineates the several lots assessed and shows that each of the lots assessed fronts upon such street and that its location is within the territory liable to be assessed for the work done, it sufficiently complies with the statute, and is not required to show the location of the particular portion of the street in which the work was done.</p> <p>Id. — Prima Facie Evidence of Regularity of Proceedings—Constitutional Law.—The statute making the assessment and other documents prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings is a constitutional regulation of the rules of evidence, and is not a local or special law “ regulating the practice of courts of justice ” within