Opinion
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco.
Action to recover an assessment levied on a lot at the southwesterly corner of Washington and Franklin streets, San Francisco, under a contract for improving the street, let under the Acts of April 25, 1862, April 25, 1863, and Acts supplementary thereto. The defendant recovered judgment and the plaintiff appealed.
COUNSEL
Parker & Roche, for the Appellant.
D. H. Whittemore, for the Respondent.
JUDGES: Niles, J. Mr. Justice Rhodes dissented.
OPINION
NILES, Judge
The notice inviting sealed proposals was posted on the 4th of August, 1868, and after the opening of the office of the Superintendent of Public Streets on that day, and contained the announcement that no bids would be received after August 8, 1858, at 4 o'clock p. m. In accordance with our construction of the statute in Himmelmann v. Cahn, ante p. 285, this was not a posting for the full period of five days, as required by law.
Judgment affirmed.