Opinion
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco.
The action was brought to recover a street assessment. The defendant had judgment, and the plaintiff appealed therefrom, and from an order denying a new trial.
COUNSEL
W. C. Burnett and E. F. Preston, for Appellant.
J. F. Cowdery and Alfred Rix, for Respondents.
OPINION By the Court:
The resolution of intention, upon which the assessment is founded, was, among other things, that Folsom Street, from First to Second, be repaired " where necessary," and that " curbs and sidewalks thereon be reconstructed where necessary," etc. Upon the authority of Richardson v. Heydenfeldt , 46 Cal. 68, and People v. Clark, ante, 456, the judgment and order denying a new trial are affirmed. Remittitur forthwith.