Petaluma Rock Co. v. Smith

This is an action to enforce several separate liens for street work done, under the so-called Vrooman Act, in the city of Petaluma. The sections of the act brought under examination are found in the amendatory act of 1889. (Stats. 1889, p. 157.)

The sole question arose upon the testimony of E. S. Shaver, the-superintendent of streets of said city. The record is as follows:

The assessment is in due form and reads:

There was some evidence upon other matters which we understand are not now in question. Upon objection of counsel for defendants to the introduction of these papers in evidence, the court reserved its ruling and, upon motion for a nonsuit, sustained the objection and granted the motion “on the ground that the assessment was defective and omitted the signature of the street superintendent and was, therefore, irregular, illegal as an assessment and rendered the whole proceeding void.” Judgment passed for defendants from which plaintiff appeals. The contractor’s return was duly recorded and the record signed by the superintendent on November 7, 1907.

Section 8 of the statute of 1889 provides: “After the contractor of any' street work has fulfilled his contract to the…