Vincent

This is an action to recover the sum of five hundred dollars, and the appeal is from a judgment of nonsuit, and an order denying a motion for new trial.

The facts alleged in the complaint, and not denied by the answer, are, in substance, as follows: The defendant was a municipal corporation of the sixth class, and, on September 8,1890, its board of trustees, acting under the authority of an act of the legislature commonly called the Vrooman act (Stats. 1885, p. 147), as amended in *407 1889 (Stats. 1889, p. 157), passed a resolution declaring its intention to improve Laurel avenue in said city from East street to Alder street, and designating the Pacific Grove Review, a weekly newspaper published and circulated in said city, as the newspaper in which said resolution of intention should be published. On September 12, 1890, the superintendent of streets posted notices of the passage of said resolution of intention along the line of the work mentioned therein, as required by law, and on the same day delivered to the publisher of the said weekly newspaper a notice, similar in substance, for publication by one insertion therein. On November 14, 1890, the board of trustees passed a…