Pool

This appeal is from an order dismissing the action, made upon plaintiffs’ motion. The action was to condemn a strip of land 60 x 145 feet, for a ferry-landing on the Sacramento River, in Yolo County. There was a prior appeal from the judgment condemning the land for said purpose in which the judgment was affirmed (reported in 134 Cal. 621 , entitled Pool v. Simmons). In that case the trial court gave judgment to the plaintiff, condemning the land to the burden of an easement for the proposed ferry-landing, and assessing the damages at $285. The defendants upon the trial reserved several exceptions, and moved the court for a new trial npo-n all the issues, and the motion was denied. Thereupon said former appeal was taken from the judgment and from the order denying a new trial. Both the motion for a new trial and the appeal presented several questions relating to the regularity and validity of the proceedings and judgment, as well as the amount of damages awarded. The plaintiff deposited with the clerk the said sum of $285 and costs, within thirty days after the entry of the judgment. The defendants did not accept the money so deposited, but took and perfected their appeal, and did…