Harvey

Action to foreclose a lien based upon an assessment against a lot and parcel of land owned by defendant Harvey for the cost of constructing a sidewalk on Eleventh Street, upon which said property fronted in the city of Los Angeles.

A decree was entered as prayed for in favor of plaintiff from which, and an order denying her motion for a new trial, defendant Harvey appeals.

The proceedings which created the alleged lien purport to have been had" and taken by the city council of Los Angeles under and pursuant to the provisions of an act of the legislature entitled “An act to provide for work upon and the construction of sidewalks and curbing within municipalities” (Stats. 1909, p. 167), and provided for the construction of cement sidewalks varying in width on portions of both sides of Eleventh Street, between Main and Figueroa Streets.

At the trial the court, over defendants’ objection, admitted in evidence the warrant, assessment, and diagram made by the superintendent of streets, together with the certificate of the city engineer as to the completion of the work, which under section 11 of the act, when accompanied by an affidavit of demand and nonpayment, are made prima facie…