Engebretson

This is an appeal by plaintiff from a portion of the same judgment as is involved in Engebretsen v. Gay, (L. A. 2478), ante, p. 27, [ 109 Pac. 879 ], this day decided, a judgment sustaining plaintiff’s claim of a lien on property of defendant to secure payment of the amount of an assessment for street improvements and directing a sale of such property to satisfy such assessment with interest and costs. While otherwise in favor of plaintiff, this judgment denied his right to recover the sum of fifteen dollars in addition to the taxable costs, as an attorney fee, and disallowed the same. Plaintiff’s appeal is from so much of the judgment as denies him a recovery of such attorney fee.

Section 12 of the act relating to street improvements, the act of March 18, 1885, as amended, in terms provides that “in all cases of recovery under the provisions of this act, the plaintiff shall recover the sum of $15 in addition to the taxable costs as attorneys’ fees.” The theory upon which the lower court disallowed plaintiff’s claim was that this provision is invalid under the doctrine of Builders’ Supply Depot v. O’Connor, 150 Cal. 265 , [ 119 Am. St. Rep. 193 , 88 Pac. 982 ]. In that case it…