The opinion
By the Court :
The judgment was lately affirmed at the argument. Commissioners to view and make an assessment had been appointed by the Board of Supervisors in November, 1871. These Commissioners never made an assessment. Their only attempt in that direction was held in People v. Coghill, ( 47 Cal. 361 ,) to be void. Under these circumstances, the case provided for by Sec. 3,459 has not arisen, and no further duty in that behalf has been cast upon the Board of Supervisors.