Mulvey

Judgment of dismissal in this case was entered following an order sustaining demurrers to the amended complaint. Plaintiffs appeal from the judgment.

The object of the action is to obtain an injunction to prevent the construction and grading of a street through Balboa Park, a public park in the city of San Diego. The complaint states facts showing the existence of the park, and that the land across which the proposed street is to be established is a portion of the park; that part of the land in question is included in pueblo lots belonging to the city, which lots have been by certain legislative acts of the city and of the state duly declared to be dedicated, set apart, and held in trust forever by the municipal authorities for use and pur p oses of a free and public park and for no other or different purpose; that the remainder of the land in question is held by the city under a deed whereby the grantor sold and conveyed the same for the purpose and upon the condition that it be dedicated to and forever remain a part of the public park of the city and for no other purposes whatever.

The defendants are certain persons constituting the board of park commissioners of the city, and…