Pierce

This action was brought for the purpose of securing an injunction restraining defendants from causing to be sold certain real property belonging to plaintiffs. The sale of the property was proposed to be had because of nonpayment of assessments levied against it for the purpose of satisfying costs and expenses in connection with the opening of Forty-third street, in the city of Los Angeles. The proceedings for the opening of said street were taken under the provisions of the street opening act of 1903 (Stats. 1903, p. 376). It is alleged in plaintiffs’ complaint that notices were not posted within the assessment district, as required by section 3 of the act mentioned. That section provides in part as follows: "The street superintendent shall thereupon cause to be conspicuously posted along all streets and parts of streets within the assessment district described in said ordinance, at not more than three hundred feet in distance apart, notices (not less than three in all) of the passage of said ordinance. ’ ’ The ordinance referred to is the ordinance of intention required to be passed by the city council, declaring it the intention of said counsel to cause the particular…