Opinion
Action to recover an assessment for improving Scott street in the city of San Francisco.
The proceedings were had under the act of April 4, 1870 (Stats. 1869-70, p. 890). The resolution of intention passed by the Board of Supervisors was published as stated in the opinion. The defendants had judgment, and the plaintiff appealed.
COUNSEL
W. C. Burnett and E. F. Preston, for the Appellant.
D. H. Whittemore, for the Respondent.
JUDGES: Crockett, J. Mr. Chief Justice Wallace did not express an opinion.
OPINION
CROCKETT, Judge
The court below was correct in holding the publication in the Chronicle to be insufficient. The statute required the publication to be made for five days, " Sundays and nonjudicial days excepted," and the publication in the Chronicle was for four days only, exclusive of the last day, which was Sunday, and therefore not to be counted.
Judgment affirmed. Remittitur forthwith.