McBean

— Action upon an assessment for the construction of a sewer along G Street, in the city of San Bernardino, and to foreclose the alleged lien of such assessment, upon a lot belonging to defendant.

The court found all the allegations of the complaint to be true, and gave judgment in favor of plaintiff, in accordance with the prayer of the complaint. The defendant appeals.

1. The judgment cannot be sustained upon the findings, as the complaint does not state facts sufficient to constitute a cause of action. The complaint alleges, in substance, among other matters, that the superintendent of streets made the assessment sought to be enforced, and attached thereto a warrant and diagram, and recorded and delivered the same to the contractor, as required by sections 8 and 9 of the “Act to provide for work upon streets, .... and for the construction of sewers within municipalities,” approved March 18,1885. (Stats. 1885, p. 147.) We also construe the complaint as alleging that by said assessment and diagram, the lot upon which plaintiff claims that said assessment is a lien was assessed as the property of defendant, and that defendant was then and still is the owner of said lot. But the…