Fikes

This action was brought to foreclose the lien of a street assessment for certain street work done under a freeholders’ charter amounting to the sum of $304.39. The work performed was for the improvement of Santa Clara Street, in the city of San Jose. Judgment was in favor of defendants, and plaintiff appeals.

The record on appeal consists of the judgment-roll, together with a stipulation to the effect that the original complaint, which is omitted from the record, is identical with the amended complaint except as to the date of filing, and that it lacks the recitals as to the affidavit concerning non-collusion and noncollateral agreements found in the amended complaint and which are required to be filed before an assessment can be issued.

The complaint contains eight paragraphs, the first six of which in substance allege the various steps taken from the adoption of the resolution of intention down to and including the return of the warrant, resulting in the assessment-roll. It is alleged that the resolution of intention to order the work done was adopted in February, 1910, and that the contract, entered into on April 29, 1910, provided for the completion of the work within sixty…