Reclamation District No. 785 v. Lovdal Bros.

The action was brought to foreclose an assessment lien. It is stated in respondent’s brief:

The cause was tried by the court, findings and judgment were in favor of plaintiff, and the appellants, executrices, prosecute this appeal from the judgment.

[1] 1, It is first urged by appellants that the court erred in overruling their demurrer to the complaint and in denying their motion for a nonsuit at the close of plaintiff’s testimony, on the ground that the complaint showed upon its face and that plaintiff’s evidence showed “that the trustees had never called in said assessment in separate and distinct installments, but had attempted to call in the entire assessment at one time.”

Section 3466 of the Political Code, at the time of the levy of the assessment in question, read, in part, as follows: “At the end of thirty days, the treasurer must return the lists to the board of trustees of the district, and all unpaid assessments shall bear legal interest from the date of the return of the lists to said board, and shall thereafter be collected and paid in separate installments, of such amounts, and at such times, respectively, as the board, from time to time, in its discretion, may,…