Dorland v. McGlynn
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The assessments were issued August 23d, 1869. The record does not show when the suit was commenced. The trial was had November 18th, 1872, and the plaintiff introduced in evidence the assessments, diagrams and warrants, and the return thereon duly signed and authenticated.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The assessments were issued August 23d, 1869. The record does not show when the suit was commenced. The trial was had November 18th, 1872, and the plaintiff introduced in evidence the assessments, diagrams and warrants, and the return thereon duly signed and authenticated. The defendant admitted that they were duly recorded, but objected to the evidence. 1st. That it appeared on the face of said assessments and warrants that the liens, if any ever existed, had expired. 2d. That no proper foundation has…
1Opinion of the Court
By the Court, Belcher, J.:
In this action, which was for a street assessment in the City of San Francisco, the plaintiff recovered judgment, *50and the- defendants have appealed from the judgment and from an order denying their motion for new trial.
The first two points presented by the appellants, to the effect that the liens had expired by limitation before the rendition of the judgment, and that the law making the assessment, warrant and diagram, with the affidavit of demand and non-payment, prima facie evidence of the indebtedness- and o t the right of the plaintiff to recover in the action,…
2Cases cited1 opinion
- Smith v. CofranCalifornia Supreme Court · 1867
3Cited by5 opinions
- Jennings v. Le BretonCalifornia Supreme Court · 1889
- Crawford v. DunbarCalifornia Supreme Court · 1877
- McVerry v. BoydCalifornia Supreme Court · 1891
- Girvin v. SimonCalifornia Supreme Court · 1897
- McSherry v. WoodCalifornia Supreme Court · 1894