Schmidt

It has been stipulated that the issues involved in these appeals are identical, and that the cases shall be considered together. Our statement of facts, therefore, will be made from the record in one case only—case No. 2588.

In this action the plaintiff seeks to foreclose liens claimed by him for unpaid assessments for work done by the plaintiff’s assignor in the due performance of an alleged contract for street improvements on Elena Avenue, a public street in the city of Venice. The proceedings in question are governed by the provisions of “An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities,” approved March 18, 1885, and the amendments thereto—commonly called the Vrooman Act [Stats. 1885, p. 147]. The proceedings were commenced by a resolution of the board of trustees of the city, adopted on the fourth day of December, 1911. A decree in this action was entered in favor of the plaintiff on the twenty-fourth day of December, 1914. Thereafter, a bill of exceptions having been duly settled and allowed, the defendant presented its motion for a new trial, and by order entered on the…