Taylor

This is an appeal from a judgment in favor of the plaintiff, in a suit for the foreclosure of a street-assessment lien. The work to be done, which is in San Francisco, is described in the notice of intention as follows: “That granite curbs be laid where not already laid on Perry Street between Third Street and the northwestern termination of Perry Street, and that the roadway of said portion of Perry Street be paved with basalt blocks where not already paved.” At the time of the passage of the resolution—as appears from the pleadings and findings—granite curbs had already been constructed in front of the defendant’s property; and it also appears “that the specifications for said paving required gutterways, and a concrete foundation for said gutterways.” It is also alleged in the answer that no curbs were constructed in front of defendant’s lot by the plaintiff, and that the specifications required a concrete foundation, not only for the gutterways, but for the street generally. The grounds urged by the defendant in support of his appeal are, that, under the resolution of intention, the superintendent of streets had no jurisdiction to assess the defendant’s lot for curbs or for…