Martin

This is an action on a street assessment for work done and materials furnished in paving and improving El Dorado street, in the city of Stockton. The complaint sets out very fully all the facts necessary to constitute a cause of action, •and the only denials in the answer are: 1. That the total cost of the street improvement was assessed and apportioned upon all the lots and lands assessable and liable therefor; 2. That defendants, or either of them, own any property fronting on said work or improvement; and 3. That the land described in the complaint has any frontage upon said improvement.

The court below found in favor- of defendants upon all the issues raised and gave judgment accordingly, from which, within .sixty days after its rendition, the plaintiffs appealed.

The defendant, J. C. Wagner, was the owner of the east half of block 94, east of Center street, as known and designated on the official map of said city, and the following diagram of the block with its surrounding streets will serve to illustrate the situation:

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It was admitted that the said block has a frontage on Oak street, between El Dorado and Center streets, of three hundred feet, city measure.

There…