Petaluma Paving Co. v. Singley

SMITH, C.

Judgment was rendered for the plaintiff in the court below, but on motion of the defendants a new trial was granted, from which order the plaintiff appeals. The suit was brought to enforce the lien of a street assessment. The complaint is in the ordinary form, setting forth the several acts of the municipal authorities required by the law; and on the trial all its allegations were admitted except the following,—corresponding respectively to the eighth, eighteenth, and twenty-ninth findings of the court:—

“Section seven . . . : ‘That before passing the resolution for the construction…