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5 Cal. Unrep. 115

Dowling v. Adams

California Supreme Court

Decided August 21, 1895

California Supreme Court · decided 1895-08-21

M. Troutt, Judge. Action by one Dowling against one Adams and others. Judgment was rendered for plaintiff, and defendants appeal.

Relies on Rauer v. Lowe

Reversed · Decided 1895-08-21

PER CURIAM.

¶1Action upon a street assessment. The testimony on behalf of the defendants showed that the certificate of the city and county surveyor, which was recorded in the office of the superintendent of streets, was not made by that officer, but that his name was signed thereto by a clerk in his employ, without any specific directions therefor. The testimony upon this point is almost identical with that given in Rauer v. Lowe, 107 Cal. 229, 40 Pac. 337. Upon the authority of that ease, the judgment is reversed.

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