Reynolds

Action upon a street assessment. The defendants filed a general demurrer to the complaint, which was *90 overruled, and the cause was thereafter tried and judgment rendered in favor of the plaintiff, from which the defendants have appealed.

1. Section 3 of the street improvement act declares that, after the passage of the resolution of intention to order the improvement, the resolution “shall he posted conspicuously for two days on or near the chamber door of the council.” The complaint herein alleges that the council “directed its clerk to publish and post said resolution of intention for two days in the manner prescribed by law”; and that “said resolution was published and posted for two days in the form and manner above described.” It is objected that the complaint is defective in not averring that the resolution was posted “conspicuously.” This objection was not raised by special demurrer, and, as the averment was sufficient to authorize evidence of the character of the posting, if controverted, it must be held, “after verdict,” that the averment was sufficient.

2. The resolution was passed September 7, 1891, and was published and posted by the clerk for two days, the…