Vizelich

Appeal from a judgment in an action to foreclose a street-paving lien. A general demurrer to the complaint was overruled with leave to answer. The court found that subsequently the parties filed the following stipulation :—

Appellant makes two objections to the judgment: 1. That it is not supported either by the complaint or by the stipulation ; and, 2. That the court has failed to find all the material facts.

1. The insufficiency of the alleged facts is grounded in part upon the decision in Buckman v. Hatch, 139 Cal. 53 , [ 72 Pac. 445 ]. It is not contended that the court had not jurisdiction of the subject-matter and of the person. The defect in the complaint is not pointed out, but we may assume, as it seems not to be denied by respondent, that there was some defect in the complaint in some matter of substance. The record shows nothing but the complaint (filed December 2, 1893); demurrer (overruled January 29, 1894); stipulation (filed April 28, 1897); findings (filed September 12, 1900); judgment (entered September 12, 1900); and notice of appeal. We think the court was authorized to enter the judgment “according to the prayer of the complaint,” in accordance with the…