Gallagher v. Foerst

GEARY, J., pro tem.

Action by plaintiff for a decree establishing a lien for street work in the sum of $1,021.44 and interest, performed pursuant to the provisions of Ordinance No. 4720, New Series (1918), upon the property of defendant in the city and county of San Francisco, state of California. From a judgment in favor of plaintiff, defendant prosecutes this appeal.

There is no dispute about the facts; upon the trial appellant conceded respondent had proved a prima facie case, and stipulated that' all of the allegations of the complaint were true. Appellant relies upon an affirmative defense…