City of Pasadena v. Superior Court

Petitioner filed in this court an original application for a writ of mandate to compel the respondent court to settle a proposed bill of exceptions, preparatory to an appeal from a judgment of dismissal.

The facts, as set forth in the verified petition, are admitted by respondent, and are as follows:

The City of Pasadena, petitioner herein, commenced an action in the Superior Court of Los Angeles County, for-the purpose of condemning certain parcels of real property in accordance with several ordinances of the city ordering the construction of a proposed improvement. This action will hereafter be referred to as the condemnation suit.

Lena A. J. Hutchinson, one of the defendants in the above-named action, subsequently commenced an action in the Superior Court of Los Angeles County for the purpose of enjoining the condemnation suit, and to have declared null and void all steps taken in reference to the improvement above mentioned. This action, which will hereafter be referred to as the injunction suit, proceeded to trial, resulting in a judgment declaring the improvement proceedings null and void, and permanently enjoining the city from taking any further steps in the…