Beckett

Action upon a street assessment in the city of Oakland. Judgment was rendered in favor of the defendants, and the plaintiff has appealed therefrom upon the judgment-roll without any bill of exceptions. The complaint is in the ordinary form and sets forth all the facts necessary to entitle the plaintiff to recover judgment. The court found that, with the exception of certain facts specifically found upon issues raised by the answer of the defendants, all of the facts alleged in the complaint are true.

1. In their answer to the complaint the defendants allege that the city council did not, by resolution or otherwise, fix a day or hour prior to which or at which it would receive or open or consider any proposal for doing the work mentioned in the complaint, and did not authorize or direct its clerk to fix such day or hour; and one of the special findings of fact made by the court was in accordance with this averment.

Section 5 of the street improvement act in force at the time these proceedings were had (Stats. 1891, p. 199) is as follows: “Before the awarding of any contract by the City Council for doing any work authorized by this Act the City Council shall cause notice with…