Oakland Bank of Sav. v. Sullivan

Citations

• 107 Cal. 428
• 40 P. 546
• 1895 Cal. LEXIS 770

Syllabus

<p>Street Improvement—Resolution of Intention—Posting and Publication of Notices.—Under section 3 of the Street Improvement Act of 1885 (Stats. 1885, p. 148), the city council has jurisdiction to order an improvement, when a period of fifteen days has elapsed after the < first posting of the resolution of intention to do the work, and ten days after the full period of newspaper publication thereof.</p> <p>Id.—Warrant, Assessment, and Diagram—Affidavit of Nonpayment —Pleading—Evidence.—Where the complaint, in an action to enforce the lien of a street assessment, alleges the delivery to the plaintiff of the warrant, assessment, and diagram, and exhibits the character of the same with sufficient particularity to -show that they were made in conformity with sections 8 arid 9 of the Street Improvement Act of 1885, and also alleges the making and return of the affidavit of demand and nonpayment, as required by section 10, and such allegations are admitted by the answer, the plaintiff need not offer such documents in evidence on the trial, in order to establish a prima facie right of recovery. The effect of such allegations and admissions, under the statute, is to cast upon the defendant the burden of proof.</p>