Koyer

Actions to condemn lands for warehouse purposes. Judgment was entered in favor of the plaintiff. The defendants Outer Harbor Dock & Wharf Company and A. S. Koyer appeal therefrom and from an order denying their motion for a new trial.

Appellants rely upon numerous alleged errors of the court in rulings upon evidence offered and in the manner of conduct of the trial by the judge before whom the case was tried, and in other particulars, by reason whereof they contend that the judgment should be reversed. All of these matters may be dismissed from further attention, if it be held that, as claimed by appellants, the city at the time of the commencement of this action did not have the right to maintain any action for the condemnation of land for warehouse purposes.

The action was commenced by the filing of a complaint and the issuance of summons on the sixth day of September, 1910. Pursuant to the verdict of a jur-y, judgment Was entered on the fifth day of September, 1912, which was followed by the final judgment of condemnation entered on the twenty-sixth day of November, 1912. A motion for new trial was duly presented and was denied by the court on the twenty-eighth day of…