Taylor

The action was in condemnation, and judgment was in favor of plaintiff, condemning the property and awarding defendants the total sum of $51.50 for the various items of damage. It may be stated that in their answer the defendants claimed that the proposed improvement would result in their damage to the extent of $63,000. Notwithstanding this great disparity between what was awarded and what was claimed there is abundant evidence to support the finding of the jury. However, the defendants were not present at the trial and no showing was made on their behalf, and this suggests the only serious question, in the case. That question is, whether the trial court should-not have granted the motion of defendants for a continnance of the trial. The motion was made on account of the absence of one of the defendants (the other defendant living outside of California), and was supported by the affidavit of his counsel, Charles P. Hanlon. Prom said affidavit it appears that said Taylor was in the city of Boston at the time of the trial; that he was detained there on account of a serious illness; that very important business required his attention at that place, and for that purpose he left…