Capeon

— Action to enforce the lien of an assessment on the lot of defendants in the city of San Diego, for street work, alleged to have been done by plaintiff under a contract awarded to him by the city council and executed on the part of the city by the superintendent of streets. The complaint is in the usual form.

The answer, after denying the alleged contract, averred, and the court found: “ That, at all the times mentioned in plaintiff’s complaint, the city of San Diego was a municipal corporation of the fourth class, organized and existing under an act of the legislature of the state of California, entitled, ‘An act to provide for the organization, incorporation and government of municipal corporations,’ approved March 13, 1883; that at all times mentioned in the plaintiff’s complaint herein, said plaintiff, John (x. Capron, was a school trustee of the said city of San Diego, duly elected, qualified, and acting as such school trustee for the third ward of the city of San Diego.”

The court also found, generally, that all the allegations of the complaint were true, and gave judgment for plaintiff. The defendants have appealed from the judgment, and also from an order denying their…