Grant

Under proceedings for the extension of Front street in the city of Santa Cruz, by' virtue of the provisions of the aet of March 6,1889 (Stats. 1889, p. 70), the assessment had been confirmed by the city council and placed in the hands of the superintendent of streets, and the defendant, who was such superintendent, was proceeding to collect it under the provisions of the act. The plaintiff, claiming to be the owner in fee of certain lands that had been assessed for the proposed improvement, commenced this action to obtain a judgment that the assessment was made without authority or jurisdiction on the part of the city, and that no lien upon its land was created thereby; and also that the defendant be enjoined from selling said lands to satisfy said assessment. In the complaint the plaintiff alleged, as the basis of its cause of action, that the city council had never passed any resolution describing the land deemed necessary to be taken for- the extension of Front street, or specifying the exterior boundaries of the district to be affected by said improvement, and after alleging the various steps taken under the above statute, further alleged that the defendant had advertised its…