Gallett

Pacific Paving Company v. Gallett

Caution
137 Cal. 174·1902 Cal. LEXIS 522·69 P. 985
Supreme Court of CaliforniaAugust 8, 1902S.F. No. 2086.California472 words

Opinion

Lead Opinion

Smith, J.

Appeal from a judgment for the defendants in a suit upon a street assessment, and from an order denying the plaintiff’s motion for a new trial. The case is substantially similar to that of Thomason v. Carroll, 132 Cal. 148 . In this case, as in that, the “written objection” of the property-holders to the proposed work was filed before the expiration of the time for posting and publication of the notices of street-work; and the order for the work was passed without regard to the objection and without passing any other resolution of intention. In this case the objection is also made that it does not appear that the “written objection” was indorsed by the clerk; but the document itself appears in the statement, and is indorsed substantially as the corresponding document in the case cited. It is objected also—as a ground for new trial— that the admission of the “written objection,” without proof of signature, or proof of ownership, or of the number of feet, etc., was error. But the document was identified as a paper filed with the clerk of the board of supervisors, and produced from its records, and was otherwise sufficiently authenticated; and it appears that the validity of the…

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