Gallagher

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 to the complaint alleged in her answer in the following language : “That the assessment set forth in the complaint of the cause herein is invalid and void, by reason that the assessment was made payable in ten annual instalments, and that such instalment amounts to a sum greater than twenty-five per centum of the value at which said property was assessed for municipal purposes upon the assessment book of the City and County of San Francisco current at the time of the inception of the proceedings for which said assessment was made.”

Appellant bases her defense to the action upon the provisions of the charter…