Girvin

Action to foreclose an assessment, for street improvements in the city of Stockton. The defendant had judgment, and plaintiffs appeal therefrom on the judgment-roll; and their contention is that the conclusions of law are not correctly drawn from the findings of fact.

Among other persons affected by said improvements and assessment was one H. M. Fanning, who was the owner of certain premises which were assessed, but said Fanning had no interest in the lot involved in this case. The court also found “that the defendant, J. Simon, and other holders of property affected by said work and assessment, requested said Fanning to see that an appeal was put in to the city council”; that, within thirty days after the warrant mentioned in the complaint was issued, said Fanning delivered to and filed with the city clerk his written objections to said work, of which, and the indorsements thereon, the following is a copy:

The court further found that no notice has ever been given by the city council of the hearing of said objections, that the city council has not heard the same or passed on the merits thereof, or confirmed said assessment, and that Fanning has not made any further application…