People of San Francisco v. Eaton

Citations

• 46 Cal. 100

Syllabus

<p>Finding of Facts.—When, material facts within the issues are not expressly found, the presumption, is that they were found in accordance with the judgment, unless it affirmatively appears that no other facts were proved than those included in the findings.</p> <p>Complaint in Street Assessment Case.—The fact that an assessment was made and issued is a material averment in a complaint to enforce the collection of a street assessment in San Francisco.</p> <p>Construction oe Statute Concerning Pleadings.—The law of 1869-70, concerning street assessments in San Francisco, which prohibits any defense, except that the Board did not acquire jurisdiction to order the work, or payment, or fraud in the assessment, was not intended to prevent the defendant from denying material averments in a complaint, but was merely intended to restrict affirmative defenses to those mentioned.</p>