Ancker

Action to enforce a street assessment against defendant’s land situate in the city of San Ber-nardino. The judgment of the lower court was in favor of the plaintiff, and the defendant has appealed therefrom, and from an order denying a new trial.

1. Appellant contends that the court erred in overruling his demurrer to the complaint on the grounds that it does not state a cause of action, and that it is ambiguous and contradictory.

The complaint appears to be neither ambiguous nor contradictory; and I think it states a cause of action. But it is contended by counsel for appellant that it is deficient in several respects, only one of which, however, is sufficiently plausible to merit special consideration.

The third section of the act of March 18, 1885, “ to provide for work upon streets, lanes, alleys,” etc., as amended March 31, 1891 (Stats. 1891, p. 196), provides: “Before ordering any work to be done .... the city council shall pass a resolution of intention so to do, and describing the work, which shall be posted conspicuously for two days on or near the chamber door of said council, and published by two insertions in one of more daily, semi-weekly, or weekly newspapers…