Cotton

—Action upon a street-assessment. ■Judgment was rendered in favor of the defendants,. and the plaintiffs have appealed, upon the judgment roll, without any bill of exceptions. The only question presented by the appeal is, whether the contractor returned his warrant to the superintendent of streets within the time prescribed by the statute for the preservation of his lien.

Section 10 of the Street-improvement Act provides (Stats. 1885, p. 155) that “the warrant shall be returned to the superintendent of streets within thirty days after its date, with a return indorsed thereon; . . . and if any contractor shall fail to return his warrant within the time and in the form provided in this section, he shall thenceforth have no lien upon the property assessed.”

The warrant issued by the superintendent is in words and figures as follows: —

The court finds that after the superintendent had made the warrant, “ it was retained by the superintendent of streets in his possession until January 6, 1896, on which day it was recorded by him, and the fact and date of- recording wah written on it and signed by him, and then he delivered it to the plaintiffs”; and that the return on said warrant…