Whiting

This is an appeal from a judgment of foreclosure of the lien of a street assessment upon a lot of land in the City of San Francisco.

It is contended that the judgment is erroneous, because the assessment does not show that the property or the streets represented upon it are within the City of San Francisco; because it does not show a sufficient description of the property; and because the law, under which the assessment has been made, is not equal and uniform, and therefore is unconstitutional and void.

First.—The Superintendent of Public Streets, Highways and Squares of the City and County of San Francisco, has certified the assessment from the book of the record of assessments in his office, and the caption at the head of the assessment shows that it was made in the City and County of San Francisco.

A venue in the margin of a pleading is held to be sufficient. (Hicks v. Walker, 2 Greene’s Iowa Reps.; Cocke v. Kendall, 1 Hempstead, 393.) And where there are several facts, the venue stated as to the first will apply to all the matter which follows it. (Skinner v. Gunton, 1 Saund. 229.) Laying the venue in the caption of the assessment is, therefore, sufficient to show that the…