Beale

In this action plaintiffs sought to have certain proceedings of the city council of Santa Barbara for doing the street work described in the resolution of intention adopted by said city council set aside and annulled, and to enjoin the superintendent of streets of said city from entering into a contract for the doing of the same. The cause of action is based upon the alleged insufficiency of the resolution of intention set out in the complaint, under which it is claimed the city council acquired no jurisdiction to do the work, and the alleged fact that plaintiffs’ property would not be specially benefited by the improvements. A general demurrer to the complaint was sustained, without leave to amend, and thereupon a judgment of dismissal of the action was entered, from which the plaintiffs appeal.

The resolution adopted, and which included the pavement of a number of streets and the construction of certain sewers, curbs, culverts, and gutters described therein, was pursuant to the provisions of “An act to provide for work upon streets, lanes, alleys, courts, places and sidewalks, and for the construction of sewers within municipalities,” approved March 18, 1885, and acts…