Gager

Defendant was the owner of certain real estate lying between Central avenue and Naomi avenue, in the city of Los Angeles, through which the city, under and in accordance with the provisions of the street opening act of 1903, [Stats. 1903, p. 376], initiated proceedings to open Thirty-fifth street. Pursuant to ordinance duly passed, this action was instituted by the city attorney to condemn the land required for use in opening of said street. The complaint was filed therein and summons issued on June 16, 1905. On March 15, 1906, the referees appointed to ascertain and fix the compensation to be paid to defendant for the land sought to be condemned filed their report, wherein and whereby they fixed the value of said property as of the time of the issuance of the summons in said action, to wit, June 16, 1905. Upon the hearing had by said referees, for the purpose of ascertaining the facts necessary to enable them to fix such value, they refused to receive or consider evidence touching the value of the property at other than the time of the issuance of said summons. To this report defendant in due time filed exceptions, assigning as grounds therefor the action of said referees in so…