Beck

Rogers Brothers Co. v. Beck

Good Law
1919 Cal. App. LEXIS 793·43 Cal. App. 110·184 P. 515
Court of Appeal of CaliforniaSeptember 2, 1919Civ. No. 2997.California920 words

Opinion

Lead Opinion

Richards, J.

This appeal is from a judgment based upon a verdict in the plaintiffs’ favor in an action to establish and foreclose the lien of a street assessment.

The appellants make several points upon appeal. [1] The first of these consists in their contention that the trial court erred in overruling their objection to the introduction in evidence of the assessment, diagram, and warrant of the street superintendent upon the ground that no proper foundation had been laid for their introduction. The plaintiffs have produced a witness who testified that he was one of the employees of the city clerk of the city of Imperial, in which said street improvement work had been done, and who in that capacity produced and fully identified the records containing the assessment, warrant, and diagram of the street superintendent of the city, and who further testified that these were to his knowledge part of the official records of said street superintendent’s office, and that the said records were kept in the city clerk’s office. This testimony was entirely sufficient to furnish the requisite foundation for the introduction in evidence of these records. It is not necessary for the legal custodian of a…

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