Knowles

This is a proceeding to condemn a right of way for a private road over the land of the defendant. The plaintiff had judgment; and the appeal is by the defendant from an order denying his motion for a new trial. From the findings it appears that all the proceedings before the board of supervisors were regular. But the finding as to the bond to accompany the petition required by sections 2682 and 2683 of the Political Code is attacked as not justified by the evidence; as is also the finding as to the deposit in the treasury of the twenty-five dollars allowed as damages by the viewers— as required by the proviso in section 2689 of the same code.

As to the bond, the objections are: “That the bond is joint, and no liability is fixed on the principal,” and, consequently, none on the sureties; and that in the recitals of the bond the petition is inaccurately referred to as praying for a road “over the land of” defendant. But as to the latter point, the description given is none the less accurate, because the road was also over the land of Helm—who was one of the petitioners; nor—provided the identity of the petition referred to remain sufficiently clear—would a mistake in the recitals…