Singley

Judgment was rendered for the plaintiff in the court below, but on motion of the defendants a new trial was granted, from which order the plaintiff appeals. The suit was brought to enforce the lien of a street assessment. The complaint is in the ordinary form, setting forth the several acts of the municipal authorities required by the law; and on the trial all its allegations were admitted except the following,—corresponding respectively to the eighth, eighteenth, and twenty-ninth findings of the court:—

These allegations were denied by the defendants’ answer, but found to be true by the court.

The grounds of the objection to the eighth finding is that “the evidence does not show that plans, specifications, and careful estimates for the said work were not required by the board of trustees of the city engineer,” or that “any special specifications were required or furnished by the city engineer for said work.” On neither of these points was there any direct evidence; but with regard to the first it did not devolve upon the plaintiff to prove his negative allegation (Code Civ. Proc., sec. 1869); and with regard to both the evidence establishing the plaintiff’s prima facie case was…