McDonald

This is an appeal by defendant from a judgment in favor of plaintiff in a street assessment case, arising in the city and county of San Francisco, and from an order denying a new trial. There are only two points made by appellant which need special notice.

1. Appellant’s counsel contends that the record shows a written protest by a majority of the frontage of the property fronting on the proposed work involved in this action (which fact may be taken for the present as true), and that therefore the assessment sued on was void, because section 3 of the street law of 1883, as *113 amended by the act of March 14, 1889 (Stats. 1889, p. 158), provides that such a protest “ shall be a bar for-six months to any further proceeding.” To this counsel for respondent replies, that said section provides that the work “shall not be stayed by any written or other protest, unless such council shall deem proper,” and. neither counsel makes the slightest reference to the possibility of reconciling those two apparently incongruous-provisions. But upon an examination of the section,, which is a very long one, we find its provisions to be, that with respect to certain kinds of work and…