Knowles v. Seale

Decided December 10, 1883

California Supreme Court · decided 1883-12-10

<p>Street Assessment—Jurisdiction op Board of Supervisors.—When the grade and width of a street in San Prancisco have been officially established, it is competent for the board of supervisors to order the street to be planked although it may not have been graded.</p> <p>Pleading— Bindings. —A failure to find on an immaterial issue tendered by the pleadings is not error.</p>

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Decided 1883-12-10

How this case has been cited

Cited by 3 later decisions — most recently July 1930

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1allegation 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.

¶2Judgment affirmed.

¶3Petition for a rehearing denied.