Shepard v. McNeil

This is an appeal from an order granting a new trial in an action to recover a street assessment in San Francisco, after a finding and judgment in favor of plaintiff. The new trial was granted, as appears by the order itself, “on the ground that the plaintiff has entered a personal judgment against defendants.” We think the Court mistaken in supposing that there was a personal judgment against defendants. There is certainly none in form. It determines the amount due; that it is a lien upon the premises described, and directs that they be sold by the Sheriff; that the costs,, expenses and…