Aden

The suit here is to enjoin the city of Vallejo from removing the wharf at the foot of Virginia Street in said city, and erecting a new wharf in its place. The board of trustees are also made defendants, but for convenience of expression, the city will be referred to, eo nomine, as though the sole defendant. The judgment in the lower court was adverse to the plaintiff, who appeals from the same, and from an order denying his motion for a new trial.

The plaintiff and two associates are the successors of one Powell, to whom, by an ordinance of the city, of date July 10, 1877, there was granted a franchise to erect and maintain the wharf in question for the term of twenty years. The wharf was accordingly constructed and maintained by Powell, to whose rights the plaintiff and his associates succeeded September 21, 1895. On the expiration of the -term the city refused to renew the franchise, and, without tendering to the plain tiff or his associates any compensation for the present wharf structure, commenced proceedings to remove the same, and to erect in its place another wharf, which are the proceedings sought to be enjoined.

In the original complaint there is no allegation as to…