Bergin

Action upon a street assessment. After the work had been completed to the satisfaction of the superintendent of streets, that officer made an assess *169 ment therefor May 6, 1892, by which the land described in the complaint was assessed in the sum of six hundred and fourteen dollars and thirty cents. Within thirty days thereafter, viz., May 14th, the contractors to whom the assessment was issued, deeming that they were entitled to receive a larger sum, appealed therefrom, by filing in the office of the clerk of the board of supervisors a notice of their appeal, in which their objections were stated in writing; and the board of supervisors fixed Monday evening, June 6th, as the time for hearing the appeal, at which time they passed a resolution setting aside the assessment, and directing the superintendent of streets to make and issue a new assessment in accordance with the claim of the contractors. The present action is brought upon the assessment made under this direction of the board of supervisors.

Section 11 of the Street Improvement Act (Stats. 1885, p. 156), after providing for an appeal from any act of the superintendent, declares: “ Notice of the time and place of the…