Flickinger

The mayor and common council of the city of San Jose passed a resolution August 26, 1895, of their intention to order certain improvement of Santa Clara street between Third and Eleventh streets, in said city, and this resolution having been posted and published as required by law, subsequently passed a resolution ordering the work to be done. Under proceedings regularly taken therefor, a contract for doing the work was afterward entered into on behalf of the city with. *591 the respondent. After the respondent had commenced work under this contract, the plaintiffs, who are owners of property fronting upon that portion of Santa Clara street, commenced the present action to restrain him from its further prosecution. In their complaint they allege that in the year 1888 this portion of Santa Clara street was improved, under contracts entered into therefor with the city authorities under proceedings taken by virtue of the provisions of the street improvement act of March 18, 1885, and that thereafter the city duly adopted resolutions by which it accepted this portion of Santa Clara street, and agreed that it would thereafter keep the roadway thereof open and in repair, and that the…