Wentland

This is an action to quiet title from a street assessment with t a cross-complaint by defendant for moneys claimed to be due under the assessment.

There were three cases set down in the trial court at the same time for trial—the present case, No. 1846, and the case of Lillie v. Clark & Henery Construction Co., post, p. 815, [ 173 Pac. 483 ]. In the third case Ann M. Phillips is plaintiff and is here on appeal in No. 1846. The trial court directed “that the evidence introduced, so far as the same is applicable, shall be considered as directed to the case to which the testimony may be pertinent as it may be introduced.” At the hearing here, counsel addressed themselves to Wentland et al. v. Clark & Henery Construction Co., [ 173 Pac. 480 ], with the understanding that the points involved were the same as in No. 1845, and should embrace the case in which said Phillips is plaintiff. Judgment went for defendant and cross-complainant.

The appeal is from the judgment and is by plaintiffs Fred Wentland and Ann M. Phillips.

The city of Lodi, a city of the sixth class, by its city council, on October 9, 1914, adopted plans and specifications and passed a resolution of intention to grade,…