Beck

Fred Beck, with thirty-one other property owners of San Jose, obtained a judgment against the Ransome-Crummey Co. and the city treasurer of that city quieting the title to their respective lands as against any claim of lien, and enjoining the issuance of bonds, based upon work done by the Ransome-Crummey Co., under proceedings taken by the city council, for paving and otherwise improving North Thirteenth Street in San Jose from Santa Clara Street to the northerly limits of the city. The defendants appeal. The city treasurer has no personal interest in the controversy.

The appellants do not make any clear and direct attack upon the judgment, except that the suit being one in equity, the judgment should be reversed on the authority of Coleman v. Spring Construction Co., 41 Cal. App. 201 , [ 182 Pac. 473 ]. The portion of that decision to which reference is made was to the effect that a property owner may not permit public work to be done and thereafter attack the validity of the jurisdictional proceedings leading to the assessment. The statement was unnecessary to the decision of the case, which involved the question of original jurisdiction. Further hearing was denied by the…