White

Action to foreclose a lien alleged to have been created by an assessment upon the defendant’s lot for the construction of a sewer in front thereof, and along the streets described'in the complaint.

A general demurrer to the complaint was sustained by the court, and upon plaintiff declining to further amend, judgment was given for the defendants, from which judgment plaintiff appeals upon the judgment-roll alone.

*529 The only ground urged here upon which the complaint was held tó be insufficient by the court below is, that it failed to allege the formation of a district upon which should be chargeable the expense and cost of constructing the sewer, as required by section 27 of the act approved March 18, 1885.

As this act and the act amendatory thereof, approved March 14, 1889, furnishes, independent of the section referred to, ample authority for the construction of sewers by a city, without the formation of a district to be assessed for that purpose, and also provides for the payment of the expenses and costs thereof by an assessment upon the lots or land fronting upon the streets along which such sewer is constructed, it follows that the court below erred in sustaining the…