Donovan

This action was commenced to enforce a street assessment lien for work done in the city of Oakland under the so-called Vrooman act (Stats. 1885, p. 147, and acts amendatory thereof previous to 1904). The resolution of intention was adopted March 7, 1904, and the work was done pursuant to contract duly let, as appears from the complaint and is not denied. It is further alleged in the complaint that the superintendent of streets of the city of Oakland made, issued and recorded the assessment-roll, authenticated the record thereof and recorded the return on the warrant. The answer denied that the superintendent of streets did any of the acts so alleged to have been performed by him and at the trial defendant had judgment, from which and the order denying its motion for a new trial plaintiff appeals. We take, from appellant’s opening brief, the following statement which correctly shows, in part, what occurred at the trial:

The acts performed by Blair were done at dates within sixty days after August 16,1905.

The trial was commenced on January 8, 1910, and W. W. Blair testified that he had been connected with that office for over five years; that a sufficient certificate was made and…