Spurrier

The controversy herein arises by reason of two assessments levied by Reclamation District No. 17 in the county of San .Joaquin. The first one, which we will denominate the “Bonbini assessment,” was based upon a petition filed with the board of supervisors of said county on the second day of April, 1907, Charles and George Dangers being then the owners of the lands herein involved. The property was charged with an assessment of $3,270.63, against which a credit of $900.18 was allowed in consequence of a former assessment, and the balance with interest was finally paid on March 3, 1909. On May 9, 1911, by judgment entered in the superior court of said county, the Bonbini assessment was decreed to be invalid. Seven land owners within the district did not pay the Bonbini assessment.

The other, which we may call the Spurrier assessment, was based upon a petition filed on the sixteenth day of October, 1911. In apportioning this assessment, the commissioners equalized the inequalities caused by the payment by some and the failure of payment by others of said invalid assessment. As to this the court found: “The said commissioners did charge and assess against the said respective parcels…