Dowling

This is an action to foreclose the lien of an assessment for street-improvement work. Plaintiff had judgment, and certain defendants appeal therefrom.

1. It is contended that no jurisdiction was ever acquired by the board of supervisors to order the work, because no resolution of intention properly or officially authenticated was ever passed or adopted.

The plaintiff made a prima facie ease by introducing in evidence the assessment, diagram, warrant, return, and engineer’s certificate. To overcome the case thus made defendants produced as a witness an assistant clerk of the board of supervisors, who testified that a paper produced by him from the files of the board was the original resolution. What purported to be a resolution of intention, numbered 2976 (fourth series), sufficient in form and substance, was contained therein, with the names of all the supervisors and the clerk printed thereon. The so-called resolution purported to have been introduced by E. Aigeltinger, and to have been adopted on June 12, 1899. On cross-examination of this witness, it was developed that he had simply found this paper among the files of papers in the office of the clerk of the board, and knew…