McDonald v. Dodge

Citations

• 97 Cal. 112
• 31 P. 909
• 1893 Cal. LEXIS 494

Syllabus

<p>Street Assessment — Protest by Majority of Frontage — Stoppage of Work — Presumption upon Appeal. —. An appellant, to be successful, must show error; and where the record upon appeal from a judgment foreclosing a lien for a street assessment discloses a written protest by a majority of the frontage of the property fronting on the proposed work involved in the action, and does not disclose whether the proposed work was not dsiie in a block lying between blocks already graded, in which case the protest would not have the effect to stop the work by the terms of the statute, it will not be presumed, against the validity of the judgment, that the block in question was not between graded blocks, but was a kind of work which, under the terms of the statute, such written protest would have the effect to stop for the period of six months.</p> <p>Id.—Action of Supervisors — Approval of Mayor.—Where the resolution of intention to do street-work in San Francisco and the resolution ordering the work were regularly passed by the board of supervisors, and the resolution approving the award was passed by a three-fourths vote of the board, the resolutions are sufficient, and the approval of the mayor is not requisite.</p>