Weiler

Each cause above entitled is a proceeding by the plaintiffs therein to review and annul an order of the superior court of San Mateo County, on the ground that it is in excess of the jurisdiction of the court.

The two proceedings involve the same order and the same proposition of law. The order affects the respective rights of the parties in the same manner. They will therefore be considered together.

On November 14, 1921, the county of' San Mateo began an action in said court to condemn for a highway a strip of land through and over three separate tracts of land in said county, belonging to different parties. The first tract belonged to William Weiler and Jacob Weiler, the plaintiffs in case S. P. No. 10,182, and the third tract belonged to the plaintiffs in case S. P. No. 10,195. The second tract is owned by Madaline Zanone and six other persons as tenants in common, none of whom is a party to either of these two proceedings.

Thereafter, on February 8, 1922, and prior to the service of any summons on any of the parties to these two proceedings, the affidavit of Joseph J. Phillips was filed in said action, wherein he states that he is acting as agent to secure rights of way for…