Powell

This action was commenced by plaintiff to recover from defendant interest on money unlawfully withheld from plaintiff by the city council of defendant.

Defendant interposed a general demurrer to the complaint, which was sustained by the court, without leave to amend, and judgment was thereupon entered in favor of defendant. Prom this judgment plaintiff prosecutes this appeal.

Plaintiff, by appropriate allegations in his complaint, alleges the following facts: In October, 1917, pursuant to the provisions of the Street Improvement Act of 1913 (Stats. 1913, p. 954), the city council of the City of Los Angeles passed an ordinance declaring its intention to order the construction of a tunnel in a portion of Second Street in the City of Los Angeles, together with other improvements particularly described in said ordinance. Thereafter, pursuant to said improvement act, the ordinance ordering the work was adopted. In these proceedings the city council declared that serial bonds should be issued to represent assessments of $25, or more, for the cost and expenses of said work or improvements; the said bonds to bear interest at the rate of seven per cent per annum. Thereafter, notices…