
    Argued March 20,
    affirmed April 10,
    rehearing denied June 19, 1917.
    Mandate recalled for correction July 3, 1917.
    ALBERT v. CITY OF SALEM.
    (164 Pac. 569.)
    From Marion: William Galloway, Judge.
    This is a suit by J. H. Albert against tbe City of Salem. From a decree in favor of plaintiff, the defendant appealed.
    Affirmed. Rehearing denied.
    For appellant there was a brief over tbe names of Mr. Bert W. Macy, City Attorney, Mr. Grant Corby, Mr. William H. Trindle, Mr. Harold D. Roberts, Mr. Rollin K. Page and Mr. Woodson T. Slater, with oral arguments by Mr. Macy and Mr. Corby.
    
    For respondent there was a brief over tbe names of Mr. John H. Carson, Mr. Claire M. Inmcm and Mr. John A. Carson, with oral arguments by Mr. Inman and Mr. John H. Carson.
    
   Department 2.

Mr. Justice Harris

delivered tbe opinion of tbe court. Tbe plaintiff owns property adjacent to South 12th Street in tbe City of Salem and brought this suit for tbe purpose of canceling a local assessment which tbe city attempted to levy on bis property to pay for tbe cost of paving a portion of tbe street. A trial in tbe Circuit Court terminated in a decree for tbe plaintiff. Tbe appeal prosecuted by tbe defendant embraces tbe same improvement and assessment that were involved in Watson v. Salem, ante, p. 666 (164 Pac. 567,164 Pac. 1184), and since tbe ruling made in that case is controlling here it necessarily follows that the decree of the Circuit Court must he affirmed. Affirmed. Rehearing Denied.

Mr. Chief Justice McBride, Mr. Justice Bean and Mr. Justice McCamant concur.  