Thurber

The plaintiff commenced an action against the defendants to foreclose a street assessment lien. The defendant had judgment and the plaintiff has appealed, bringing up the judgment-roll and a bill of exceptions.

In the year 1912 the proceeding was commenced for the improvement of the intersection of Fourteenth Street (now Seventeenth Street) and Santa Clara Street, in the city of San Jose. Thereafter such proceedings were had that a purported assessment was made and filed, and Agnes Beggs, on November 18, 1912, appealed to the common council of the city of San Jose. In her notice of appeal she set forth many grounds, and, among others, that the cost and charges for said improvement were illegally and improperly, and not proportionately divided among the lots of land liable for the assessment, and that said assessment includes lots of land not legally liable for said assessment. Thereafter, on the twenty-first day of November, 1912, F. A. Curtis also appealed to the common council, and in his notice of appeal contended that in the assessment his property was included in lot No. 14, together with other property which he did not own, but that a bill for the total charge had been…