Gillis

This action was brought to foreclose a street-assessment lien for the grading of Logan Avenue, in the city of San Diego.

The defendant, in his answer, put in issue some of the material allegations of the complaint, and as one of his affirmative defenses set up a former recovery in another action between the same parties. This plea in bar was, upon plaintiffs’ motion, stricken out; and upon the trial subsequently had before the court without a jury, judgment was rendered for the plaintiffs, from which the defendant appeals.

Appellant’s counsel maintain that the court erred in striking out the plea in bar.

The property affected in the former action was lot 2, in block 179, of Manassee and Schiller’s addition to the city; while in this action it is lot 9 in the same block. They both were and are owned by the defendant, and front on «Logan Avenue, and were both assessed for the same grading, which was let as a single contract by the city to the plaintiffs, who performed the work. The latter brought a separate action against the defendant as to lot 2, and obtained a judgment, which appears to have been satisfied. And it is now claimed that as that judgment was rendered in an action…