Burnham

Action upon a street assessment. A demurrer to the complaint was sustained, and the plaintiff has appealed from the judgment thereon. The sufficiency of the demurrer is presented by the respondents upon two propositions:

1. In the resolution of intention the city council described the, work to be done in the improvement of the street as follows, viz: *365 “That Broadway (describing the portion thereof) he graded to the official subgrade for macadamizing”; and it is objected that by this resolution no jurisdiction to order the work was obtained, for the reason that section 2 of the street improvement act only empowers the city council to order any portion of a street to he “graded or regraded to the official grade.” By the first section of this act the city council is empowered to establish the grades of the streets, but is not precluded from establishing a “sub-grade,” in order that it may properly and systematically cause the streets to he prepared for use, and it is alleged in the complaint that at the passage of this resolution an official subgrade for macadamizing had been established by the city council (describing the same). The grade of a street is the degree of its…