McHugh

Four actions are involved in this appeal, three brought by Frank J. McHugh, a street contractor, against several property owners to foreclose certain street improvement liens created pursuant to the “1918 street improvement ordinance” of San Francisco, and one by said property owners against the same McHugh and members of the board of public works of San Francisco to cancel the assessments upon which the liens were based. In this latter action the said McHugh filed a cross-complaint similar to his complaints filed in the other three actions.

In all four actions the liens in question arose by reason of the same assessment proceedings. They were therefore consolidated and tried together. But one judgment. was rendered. This was in favor of the said McHugh. From this judgment appeal is taken by the property owners, plaintiffs in one suit and defendants in the others.

Under the provisions of the 1918 street improvement ordinance of San Francisco, in actions of this character, the “warrant, assessment and diagram, with the affidavit of demand and nonpayment, shall be held prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of…