Coleman

This is an appeal from a judgment in favor of defendants in an action to quiet title to certain lots in the city of Larkspur. Plaintiffs attack the validity of certain street improvement proceedings which resulted in the levy of an assessment and the issuance of bonds thereunder creating a first lien upon the property involved. They asked for judgment declaring the assessment void, canceling the bonds, and quieting their title. At the close of the trial the action was dismissed as to all defendants except the Spring Construction Company, which performed the street work, the city of Larkspur and its treasurer, all of whom are the respondents on this appeal.

The facts are that on April 7, 1915, the city council of Larkspur adopted its resolution of intention for the purpose of improving Baltimore Avenue under the “Improvement Act of 1911” (Stats. 1911, p. 730). There being no newspaper published and circulated in the city of Larkspur, copies of this resolution were posted in three public places and kept so posted for a period of fourteen days. Eighteen days after the expiration of the fourteen days of posting thp city council adopted its resolution ordering the work to be done. On…