Quinchard

The plaintiff obtained a writ of review from the superior court for the purpose,of annulling an order passed by the board of trustees of Alameda for the improvement of a certain street in that city, and all subsequent proceedings in reference thereto. Upon the return to the writ, and after a hearing thereon, the court rendered its judgment annulling the order for the improvement, “ and that all acts or proceedings taken or had, done or performed, by the said board of trustees, and by the said superintendent of streets, respondents, subsequent to the said twenty-third day of March, 1891, appearing in and by the returns herein, be and the same are hereby annulled and held for naught.” From this judgment -the respondents to the writ have appealed.

The plaintiff does not contend that the resolution of intention to order the improvement is insufficient, or that it was not properly passed by the board of trustees, or that the notices and other proceedings required by the street improvement act in order to give to the board of trustees jurisdiction to order the improvement were not properly given; but it is claimed that the proceedings subsequent thereto were of such a character as to…