Burnham

This is an action for the foreclosure of a lien following an assessment for the construction of a cement sidewalk upon which abuts the real property of the appellant, situated in the town of Berkeley.

Judgment for the sum of $160.05, together with interest thereon at the rate of ten per cent per annum, from the thirtieth day of July, 1909, . . . , and decreeing that said sums shall be a valid lien upon the real estate described in the complaint and that said real property shall be sold to satisfy said lien, was rendered and entered.

This appeal is from the judgment so rendered and entered, on the judgment-roll alone.

The appellant urges a number of objections to the validity of the assessment, the most important of which is that plans and specifications for the work were not legally adopted by the board of trustees of said town of Berkeley.

The complaint sets forth in detail the proceedings, as required by the General Street Law, culminating in the construction of the sidewalk, the assessment and the subsequent proceedings authorizing and finally resulting in the institution of this action. Paragraph 7 of said complaint reads: “That before passing the resolution for the…