Belser

This action was .brought to foreclose a lien for a street assessment upon a district made by the *456 city council of Oakland, and declared to be benefited by the street work. The work consisted in the construction of certain sewers, which apparently were to constitute a sewerage system for the district defined.

The court found that the contract for the work was duly let, entered into, and the work performed by the contractor according to the contract, and was approved and accepted by the street superintendent. That a diagram was made and approved as required, and that after the completion of the work the superintendent of streets made and issued an assessment, by which defendant’s lot was assessed at eighty-three dollars and eleven cents.

That a warrant was issued and a demand made, etc. It was also found as follows:

The bill of exceptions shows that on the 15th of June, 1891, the city council adopted the following resolution:

As conclusions of law the court found:

The points raised on this appeal are: 1. That no valid appeal was taken from the assessment, and therefore the city council had no jurisdiction to make the order of June 1,1891, by which the assessment was set…