Keller

Plaintiffs brought this action to have declared void the assessment based upon benefits received by the land under an ordinance of the City of Los Angeles, opening an alley between Flower and Figueroa Streets, and extending from Eighth Street to within 170 feet of Seventh Street, and to restrain defendants from proceeding further with the said assessment, and to recover from defendants the portion of said assessment paid by plaintiffs under protest, as shall be found unlawfully assessed against them.

Demurrers were sustained to the complaint, the amended complaint and the second amended complaint, and thereupon plaintiffs filed a third amended complaint and a second amended supplemental complaint, to which defendants de- ' murred upon the grounds, first, that said complaints did not state facts sufficient to constitute a cause of action, and second, that said complaints are uncertain in that it cannot be ascertained therefrom in what manner the defendants acted without jurisdiction or contrary to the rights of plaintiffs, or whether or not plaintiffs availed themselves of the right given them by the statute to file objections with the city clerk, or whether or not there was any…