Auzerais

The mayor and common council of the city of San Jose passed a resolution May 18, 1891, declaring its intention to order the improvement of a portion of El Dorado street, “said improvement to consist of the construction therein of granite or artificial stone curbing on both sides thereof to the official curb grade, excepting therefrom any laid upon the grade; also excavating the roadway of said street to a suitable subgrade, and improving the same as follows [Giving *499 a description of pavement to be laid upon the street] ”: The city council having afterward ordered that the work described in the foregoing resolution be done, a contract therefor was entered into by the appellant. The present action is brought to enforce against certain lands upon the line of El Dorado street an assessment which was issued to the appellant upon the completion of the work. A demurrer to the complaint filed on behalf of the defendant was overruled by the court, and the cause having been afterward tried, judgment was rendered in favor of the defendant. From this judgment and an order denying a new trial the plaintiff has appealed.

Under the principles laid down in Bolton v. Gilleran, 105 Cal. 244 ,…