Spaulding

This is an appeal by defendant from a judgment enforcing a street assessment against a lot on Lombard Street.

The case was heard in Department, and the judgment was affirmed, and the facts of the case are stated in the opinion then rendered by Commissioner Gibson (filed July 8, 1890.) A hearing in Bank was ordered, because it was strenuously urged that the decision was in conflict with Mulligan v. Smith, 59 Cal. 206 , and Kahn v. Supervisors, 79 Cal. 388 . But, after argument on rehearing, and mature consideration, we are satisfied with the conclusions reached in Department.

*42 Mulligan v. Smith and Kahn v. Supervisors arose upon a special statute which did not provide for an adjudication of the jurisdictional fact that a majority of the frontage of lots fronting on the work proposed to be done was represented by the owners thereof in a petition for the work, and did not provide for a hearing to any of the owners of such frontage on that issue. But we think that section 4 of the act in question, in the case at bar (Stats. 1871-72, p. 805), does provide for such adjudication by and such hearing before the board of supervisors, and that the decision of the board that a majority…