McGinn

This is an action to foreclose a lien for street work under a public contract affecting the property of the defendants. The assessment was made under the procedure provided by Ordinance No. 2439, New Series, of the city and county of San Francisco, approved September 4, 1913, under and by virtue of the power given to the supervisors of that municipality by section 33, chapter II, of article VI of its charter. The trial court decreed a foreclosure of said lien, and from such decree the defendants have prosecuted this appeal. The first point insisted upon by the appellants is that of the insufficiency of the complaint as tested by a general demurrer, but in view of the fact that the appellants concede in their opening brief that the complaint herein as amended is substantially in the same form as the complaint in the case of Bienfeld v. Van Ness, 176 Cal. 585 , [ 169 P. 225 ], and that the supreme court in that case disposed of practically every point herein urged as to the insufficiency of the complaint adversely to the appellants, it is not necessary to further consider this phase of the case. [1] The next contention of the appellants requiring consideration is the claim that the…

The application for a hearing in this court after decision by the district court of appeal of the first appellate district, division one, is denied, without reference to any question of the correctness of what is stated in the opinion in the paragraph commencing with the words, viz.: "But even if it were to be assumed that the assessment was defective in the respect claimed," etc. All the Justices concurred.