(dissenting):
I dissent. I am of the opinion that proceedings were necessary to vacate the assessment and that.no right of. action existed until -such proceedings resulted in a final order. No demand having been made after the proceedings which were taken had resulted in suoh final order, no right of action had accrued.
Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and answer on payment of costs in this court and in the court below.