58 P. 657 | Or. | 1899
after stating the facts, delivered the opinion of the court.
The record contains several assignments of error, but they are all directed to the questions — First, whether, under the allegations of the complaint, the. plaintiff is confined to proof of negligence in attempting to collect the assessment against the property abutting on Spokane Avenue ; or second, may a recovery be had on the ground that the proceedings are void and of no effect, because of a failure to comply with the provisions of the charter in reference to the improvement of a street, the cost of which was to be assessed against the abutting property?
Affirmed .