McDonald

Action to foreclose the lien of a street assessment in the city and county of San Francisco.

At the trial the plaintiff offered in evidence the assessment, diagram, warrant, certificate of engineer, with the affidavit of demand and non-payment indorsed upon the warrant, to the introduction of which the defendants objected upon the grounds “ that the same were immaterial, irrelevant, and incompetent, because the assessment is void on its face, as only a part of the lots on Tenth Street, between Folsom and Harrison Streets, *388 were assessed; and, also, that the diagram, did not show on which side of Tenth Street or what particular part of Tenth Street the work for which the assessment was made, or the relative location of the lot of defendant Conniff assessed to the work done, or any part thereof; also, because no foundation had been laid for introducing the diagrams or any of them offered, no prior proceeding having been shown authorizing the assessment, diagram, warrant, or certificate, or any of them; also, because the item in the assessment of $25.83 engineering is unauthorized and illegal.” The court sustained the objection and excluded the evidence. Judgment of nonsuit was…