City of San Diego v. Cuyamaca Water Co.

In this action to condemn real property for public use, compensation and damages were assessed by a jury’s verdict, which was returned and filed on the ninth day of July, 1925. Other issues relating to the action were tried before the court without a jury, and on those issues findings of fact were signed by the judge and filed on the twenty-second day of August, 1925. These findings, while they recite that an order had been made directing that the issues involving compensation and damages be submitted to a jury, did not directly include any statement of the amount of compensation and damages which had been awarded by the jury. The court, however, did proceed to include, with its findings of fact, conclusions of law to the effect that the plaintiff is entitled to a judgment of condemnation, and directed that judgment be entered accordingly.

Thereafter, the plaintiff served and filed its notice of intention to move for a new trial of the issues submitted to and determined by the jury. On the 4th of September, 1925, the court made and entered an order granting plaintiff’s said motion for a new trial of that portion of the case decided by the jury. Formal entry of the judgment of…