California & Northern Railway v. State

Suit was for condemnation of land belonging to the state, for use of railway. All the defendants having been served with summons, and all having failed to answer except the state of California, default was taken against them. The attorney-general appeared on the part of the state and demurred and answered. Then the Humboldt Railroad Company intervened, filing a complaint in intervention, and also filing an answer to plaintiff’s complaint. The plaintiff demurred to the complaint in intervention and to the answer of intervener. The court sustained both demurrers and dismissed the complaint in intervention, and rendered judgment for the plaintiff and against the state of California, on the written stipulation of plaintiff and the attorney-general on the part of the state of California. Judgment was also rendered against intervener.

This appeal is from the whole of the judgment, and is prosecuted as two appeals, one as a defendant in said action and one as an intervener. The points of law being the same in both, we shall consider them together. In both complaint and answer of the Humboldt Railroad Company there is a plea in abatement, and the ground for this plea is that the…