Babcock

The complaint alleges that on October 22, 1894, the board of supervisors “duly made and passed” a resolution ordering the work to be done, and also contains allegations of the subsequent proceedings up to and including the recording in the office of the superintendent of the return upon the warrant and assessment. The answer denies that the board of supervisors duly made and passed the resolution ordering the work, and also denies various other allegations of the complaint. The court finds that the board did not duly make or pass any resolution ordering the work. The appellant contends that this finding is insufficient; that, *911 instead thereof, the court should have found the facts from which it might appear that the resolution was not duly passed. In Pacific Paving Co. v. Bolton, 97 Cal. 8 , 31 Pac. 625 , it was held that, under section 456 of the Code of Civil Procedure, an allegation of the ordering of the work in this form was sufficient. That section also provides: “If such allegation be controverted, the party pleading must establish on the trial the facts conferring jurisdiction.” It does not follow, however, that in making its finding upon this issue the court must find…