Coulter

The plaintiff brought this action to foreclose a street assessment lien. The lower court held that the assessment was a nullity, and that the plaintiff had no lien, or right of action. Judgment was entered for the defendant and the plaintiff appeals after the denial of its motion for a new trial.

The proceedings were taken under the Vrooman Act [Stats. 1885, p. 147], incorporated in, and thereby made a part of, a former charter of the city of San Jose. They relate to regrading and paving the roadway of the crossing of Santa Clara and Twelfth Streets in that city. Two trials have been had. Judgment was entered in favor of the defendant on the first trial. On appeal the judgment was reversed and the cause remanded for further proceedings consistent with the court’s decisions. (Ransome-Crummey Co. v. Coulter, 177 Cal. 574 , [ 171 Pac. 308 ]; Ransome-Crummey Co. v. Bennett, 177 Cal. 560 , [ 171 Pac. 304 ].) On the going down of the remittitur, the plaintiff filed an amendment to its complaint, and the defendant Coulter filed an amended answer consisting of denials and separate defenses. The lower court found the allegation of the complaint to be true, except the general averment of…