Canby

The appellants instituted an equitable proceeding, praying that a writ of mandate issue in the superior court requiring the Council of the City of Los Angeles to modify assessments of their properties abutting upon a certain highway, and that they be granted such relief as should be deemed just and equitable. A demurrer to their complaint was sustained, whereupon an amended complaint was filed, praying that the superior court take “equitable cognizance and jurisdiction of the facts” alleged, and of the parties and render “such judgments, orders and relief as may be legal and equitable”; that bonds issued for the improvements specified upon said highway be adjudged void, that the Municipal Bond Company be restrained from enforcing the same; that the City Council be required to make a partial reassessment, and that the cost of improvement be apportioned equally between their properties and the right of way of the Southern Pacific Railroad, “at an equal and uniform rate per front foot of the frontage of each separate lot . . . fronting thereon”, and that a bond issue be created in accordance therewith. A demurrer interposed by the Municipal Bond Company was sustained without leave to…