Growney

This is an action to foreclose a street assessment lien, the complaint in the case alleging that the city trustees of the city of Richmond, by a resolution of intention, had determined to do certain street work upon a designated street, consisting of the grading of that street from curb to curb, and the construction of gutters on either side of the street and bridges at the cross-walks. The defendant Growney demurred to the complaint only upon the ground of the insufficiency of the facts stated to constitute a cause of action. The demurrer was overruled. The defendant, failing to answer, judgment was rendered against him, and the appeal is upon the judgment-roll alone.

The point made in the lower court and made here in support of the demurrer is that the construction of the gutters and of the bridges was a material part of the whole work proposed to be done under the resolution of intention, and that the description therein of the work to be done upon the gutters and upon the bridges was inadequate and insufficient to give notice to the property owners affected by the resolution of intention, or to insure fair competition among bidders for the work. The complaint is assailed upon…