Chappell

This is an appeal from a judgment in favor of the defendants in an action brought by the plaintiff to foreclose a lien claimed to have arisen under a certain street assessment made by the superintendent of streets of the town of Emeryville, in the county of Alameda, to cover the costs and expenses of certain street work upon certain streets in said town under the provisions of the Vrooman Act, [Stats. 1885, p. 147].

[1] The trial court sustained a demurrer of the defendants, C. W. Chappell and Clara J. Chappell, the owners of the land sought to be impressed with said lien, basing its decision upon the ground that the board of trustees of said town did not have power to order the street work, which formed the basis of the lien in question, to be done under a single contract, inasmuch as the said work involved the construction of several distinct streets, and hence, according to the view of the court, should have been performed under several contracts. The plaintiff did not amend its complaint, and judgment was accordingly rendered against it and in favor of said demurring defendants, and it is from that judgment that this appeal has been taken.

The appellant contends that the…