Hall

City of Los Angeles v. Hall

Good Law
103 Cal. App. 460·1930 Cal. App. LEXIS 829·284 P. 707
Court of Appeal of CaliforniaJanuary 28, 1930Docket No. 7147.California1,281 words

Opinion

Lead Opinion

COURT.—This action was brought by the City of Los Angeles to condemn for park purposes certain real property owned by defendant and appellant Leicester C. Hall. A jury awarded him the sum of $904.05 for the land taken, and an interlocutory judgment was entered accordingly. He moved for a new trial and also for an order dismissing the proceedings upon the ground that the plaintiff had failed to comply with the provisions of section 1251 of the Code of Civil Procedure. The motions were denied, and he has appealed from the judgment and the order denying his motion to dismiss.

The points relied upon for a reversal of the judgment are alleged irregularities in the proceedings of the court, and misconduct of the jury, due to which defendant claims that a new trial should have been granted. The denial of the motion to dismiss is also assigned as error.

At the time plaintiff rested its case its counsel suggested that the jury should view the land in question. Appellant, who is an attorney, appearing in the action in propria persona, approved the suggestion. The court thereupon fixed an hour of the same day for the view, to which appellant made no objection. He now claims that the view…

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