Perine v. Erzgraber

Citations

• 102 Cal. 234
• 36 P. 585
• 1894 Cal. LEXIS 625

Syllabus

<p>Street Improvement—Notice of Street Work—Description—Omission —Reference to Resolution of Intention.—Under the act of March 18, 1885, as amended by the act of March 14, 1889, the notice of street work may refer to the resolution of intention for the particulars of the work contemplated; and where the notice is precise as to the specific facts required by the statute, and accurately described the portion of the street to be improved, and contains such brief description of the work as, with reference to the resolution of intention, cannot fail to inform all parties in interest, the statute is substantially complied with, and any omission of words which may be supplied with reference to the resolution of intention will not vitiate the notice of street work.</p> <p>Id.—Work on One Side of Street—Validity of Assessment.—Where the assessment and diagram showed that the work was all done on one side of the street only, and in front of the lot in controversy, the assessment on the lot on one side of the street only is authorized by the statute.</p> <p>Id.—Action Upon Assessment—Evidence—Prima Faoie Case—Findings.—In an action to recover a street assessment, and to foreclose a lien therefor, the introduction in evidence of the warrant, assessment, certificate, and diagram, with the affidavit of demand and nonpayment, makes a prima facie case; and, if the defendant fails to impeach such prima facie case, the court is justified in finding all the allegations of the complaint to he true.</p>