Gallagher

This is an appeal from a judgment in favor of plaintiff foreclosing a lien for street improvements made under the street improvement ordinance of San Francisco approved September 4, 1913. With one exception the questions involved in this appeal are the same as those considered in Gallagher v. Barstow, ante, p. 643 [ 219 Pac. 1014 ], and, therefore, the reasons there given are adopted as the reasons for the judgment in this case.

In addition to the points urged in the Barstow case the appellant herein asks for a reversal of the judgment upon the ground that the demand for payment and the return of the warrant were not made within thirty days from the date of the warrant. Appellant states that the warrant was recorded on August 19, 1917, and that demand for payment was made on September 19, 1917, and that the warrant was returned on September 20, 1917. It is conceded that if these facts are true the demand and return were not made within the time prescribed by section 20 of the street improvement ordinance and the lien would therefore be lost.

Respondent argues that the point should not be considered by this court because it is raised on this appeal for the first time and he cites…