| Cal. | Dec 10, 1883
allegation of the defendant that the portion of the street which the board of supervisors ordered planked had not been graded to the official grade, did net raise a material issue. Therefore the omission to .find on it was not error. The board had jurisdiction after notice of its intention had been published to order a street, the grade and width of which had been officially established, planked; and it was not denied that the grade and width of this street had been officially established before the board ordered it planked, or • gave notice of its intention to order it planked.
Judgment affirmed.
Petition for a rehearing denied.