Parker

The plaintiff sued to condemn a certain strip of land in the city of Oakland to be used for the purpose of a public street. The cause was tried by the court sitting without a jury. Findings and judgment were entered condemning the land for the purposes mentioned and the plaintiff paid into court the sum awarded to the defendant, W. M. Greuner. From this judgment said defendant prosecutes this appeal upon the judgment-roll and a bill of exceptions.

In his opening brief the-appellant advances four grounds of attack upon the judgment which we will consider in the order presented:

(1) That the appellant was deprived of the opportunity of being heard before the city council for the purpose of showing that the land was really being condemned for a private use. The point is that as an adjoining property owner would be greatly benefited by the opening of the street and paid to the city all the expense of the condemnation proceedings, the use for which the property was taken was a private one. The answer is that for the purpose of acquiring land for a new public street a city may proceed under the general laws relating to condemnation of property for public uses (secs. 1237-1264, incl,…