Gately v. Irvine
California Supreme Court
Appeal from the District Court, Third Judicial District, City and County of San Francisco. Action to enforce the lien of an assessment on a lot for the improvement of a street in San Francisco.
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Appeal from the District Court, Third Judicial District, City and County of San Francisco. Action to enforce the lien of an assessment on a lot for the improvement of a street in San Francisco. The resolution to improve Jackson street from Davis to Drum street, was adopted by the Board of Supervisors on the 24th day of February, 1874; plaintiff performed the work, and the Superintendent of Streets issued an assessment on the 27th day of April, 1874. The defendant’s lot ivas assessed for two hundred and twenty-six dollars and ninety-six cents. On the trial the plaintiff offered in evidence the…
1Opinion of the Court
By the Court:
We think the court below was mistaken in supposing that the oral evidence rejected contradicted the record. . It only went to prove when the record was made.
The statement was filed and settled, which is the equivalent of “ settled and filed.”
Judgment and order reversed and cause remanded for a new trial.
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