Morrison Waite

“ All we are now called on to decide is whether the presentation to the mayor of a petition, signed by the owners of less than a majority in frontage of the property to be assessed, as they were named in the last preceding annual assessment roll, was sufficient to authorize the levy of the tax for which the lots in controversy were sold, and we have no hesitation in saying it was not. It will be time enough to consider the rights of bona fide holders of 'Montgomery-avenue Bonds,' if there be any, when a case arises which involves such questions. ”

“ We are entirely satisfied that the suit was instituted in good faith, by real parties, for the determination of a substantial right, and that it fairly presents the questions involved. The court below found as a fact that the value of the premises in dispute exceeds $6,000, and this appears on the face of the record. ”

“ The court was authorized to make, or cause to be made, alterations or modifications, if in its opinion necessary, and, when completed to its satisfaction, 'to approve and confirm said report.' When the report was approved, and the action thereon had become final, the board was required to prepare and issue coupon bonds, to be known and designated as 'Montgomery-avenue Bonds,' payable in 30 years from their date, with interest at 6 per cent. per annum, to the amount necessary to pay and discharge the damages, costs, and expenses incident to the taking and opening of the avenue. ”