Anderson

This is an appeal from an order denying defendant’s motion for a new trial in a case of street-assessment work on Eighteenth Street in the city of Sacramento. Work commenced at the south line of the alley between B and C streets and running south to the north line of E Street; from the south line of E Street to the north line of G Street; from the south line of G Street to the north line of H Street and so on to L. Street, omitting the cross streets; then commencing again at the south side of M Street running south, omitting the cross streets N, O, P, and Q, to the north line of R Street. The judgment was for the plaintiff, and the defendant appeals. The appellant sets forth the following as assignments of error:—

As to the first assignment of error. Sacramento was operating under a freeholders’ charter adopted February 7, 1893, when the street work began. That charter did not require a resolution to be presented to the mayor for his signature. March 27, 1897, the legislature passed an act providing that every ordinance and every resolution of the city council of any municipality . . . which shall have passed the city council, shall, before it takes effect, be presented to the…