Bolton

This is an action to foreclose the lien of a street assessment. The only question presented on appeal is as to the sufficiency of the allegations of the complaint.

*9 Appellant contends that the complaint is insufficient, because it is not alleged that before ordering the work done the council passed a resolution of intention so to do, or that the superintendent posted or published the notice required by section 3 of the act under which the work was done. The complaint, however, alleges that “ on the twenty-fourth day of July, 1888, the city council of the city and county of San Francisco, deeming it necessary, duly gave and made its determination to order the work done,” and this we think, although not clearly expressed, is sufficient. The act provides (section 3) that “at the expiration of ten days after the expiration of the time of the publication, and at the expiration of fifteen days after the posting of any resolution of intention, if no written objection to the work therein described has been delivered, as aforesaid, by the owners of one half or more of the frontage of the property fronting on said work or improvement, the city council shall be deemed to have acquired…