Kreling

— This was a suit to foreclose the lien of a street assessment for $145. The trial court gave judgment for the plaintiff upon demurrer to the amended answer, and the defendant appeals.

The assessment in suit was for grading, macadamizing, etc., Noe Street, from Twenty-fourth Street to Twenty-sixth Street, and the complaint alleges that the various steps leading up to and including an assessment *466 were duly taken. The amended answer sets up, in substance, that the resolution of intention included, other work than that for which the assessment sued on was made, viz., sewering the street for the two blocks mentioned, and work upon adjacent property; that the sum for which the defendant’s lot has been and will be charged, upon the plaintiff’s theory, amounts to more than one half the sum for which it was assessed upon the preceding assessment roll for municipal taxation; and that he gave no consent to the imposition of such a burden.

The law upon which the defendant relies is contained in the following provisions of the act of 1885, viz.: —

Section 3 (p. 149): “Whenever the estimated or actual cost of any work contemplated or ordered to be done by the city council, and…