Viselich

Action upon a street assessment.

Upon the completion of the work an assessment therefor was made by the street commissioner, from which the contractor appealed to the city council. The city council, after hearing the appeal, set aside the assessment and directed that another be made, and upon this latter assessment the present action was brought and judgment rendered in favor of the defendant.

The ground presented in support of the appeal therefrom is that the notice of the appeal to the city council from the first assessment was insufficient, and. that the city council acquired no jurisdiction to hear the same, and that the assessment made under its direction created no lien upon the property of the defendant.

The notice of an appeal from any act of the superintendent of streets to the city council, which is required to he given, is defined in section 11 of the street improvement act (Stats. 1885, p. 156) as follows: “Hotice of the time and place of the hearing, briefly referring to the work directed to be done, or other subject of appeal, and to the acts, determinations or proceedings objected to or complained of, shall be published for five days.” The notice which was…