Gray

The plaintiffs commenced an action in the superior court of the county of Marin, against the defendants, to foreclose the lien of an assessment for the improvement of one of the streets in the town of San Rafael. At the trial of the action, upon the issues presented by the answer, a nonsuit was granted, and judgment rendered in favor of the defendants, and entered June 3, 1895. Thereafter, upon an affidavit filed on behalf of the plaintiffs, purporting to set forth the proceedings at the trial, and the nature of the evidence then presented, an application was made to correct and amend the judgment. The grounds for the motion were alleged to be to enable the plaintiffs to apply to the superintendent of streets for a new assessment, and it was stated in their notice of motion that unless it was granted they would be deprived of this right.

The affidavit set’forth that testimony was introduced at the trial identifying the street assessment sued on in' the action, and that when it was offered in evidence the defendants objected to its admission on certain grounds; “ that said court thereupon sustained said objection; that thereupon, the testimony being closed, on motion of counsel…