Howland

The city of Long Beach instituted an action in eminent domain against the petitioners here February 3', 1926, and on that date the respondent court made its order fixing the amount of money to be deposited by the plaintiff as a condition of being admitted to immediate possession of the premises involved and also made its order letting plaintiff into possession upon making the required deposit. In due course petitioners filed their answer, but the action was not tried until November, 1931. Several motions were made by the defendants in the trial court between February, 1926, and November, 1931, for a return of the possession to them, but they were all denied. The interlocutory judgment was entered December 12, 1931, in which the defendants were awarded $4,800 (that being the value of the property as of the time of the trial) together with their costs and interest from December 3, 1931, to the date when the amount of the judgment should be paid into court for the benefit of the defendants. Plaintiff moved for a new trial, which was denied, and on March 5, 1932', the moneys were deposited in court. On March 10, 1932, the defendants executed and delivered to the clerk their…