Young

This is a proceeding on writ of review, and comes before this court on appeal by petitioner from a judgment affirming an order of the City Council which confirmed an assessment made for the opening, widening and extending of Fifth Street in the city of Los Angeles.

The street-opening proceedings were prosecuted under the Street Opening Act of 1903 (Stats. 1903, p. 376). In connection therewith an action was brought against Dan Morris, Annie F. Young and others to condemn certain real property required for said street purposes. An “interlocutory judgment” was entered against Mrs. Young in that action. She appealed from that judgment. A decision has been rendered this day by this court, affirming said interlocutory judgment. (City of Los Angeles v. Morris et al., ante, p. 473, [ 241 Pac. 409 ].) That decision contains a history of the progress of the condemnation suit to and including the entry of said interlocutory judgment.

From, the petition for writ of review, taken together with the return thereon, it appears that in the condemnation suit the compensation and damages of Mrs. Young and her mortgagee were awarded pursuant to the verdict of a jury, whereas the compensation and…