Mayo

This action was brought to foreclose a lien for a street assessment upon real property of the defendant. A demurrer was filed to the complaint, which was overruled and answer filed. Trial was had, resulting in a judgment for the plaintiff, as prayed for. From that, and an order denying a new trial, the appeal is taken.

1. The demurrer to the complaint should have been sustained. Section 7 of the act of March 18,1885, under which the work was authorized, provides that “ the expenses incurred for any work authorized by section 2 of this act .... shall be assessed upon the lots and lands fronting thereon, each lot or portion of a lot being separately assessed in proportion to the frontage.” The complaint herein alleges “ that immediately after the completion of said street work, said street commissioner proceeded to and did make an assessment upon the property benefited by said street improvement.” This was not a compliance with the statute, and although it may be a fact that the lots and lands fronting upon the improvement was the only property which was benefited thereby, yet for the purpose of alleging a cause of action, the complaint should have alleged that the assessment was…