Appeal by contestants from the judgment of the County Court of the County of Alameda. Redman, J.

Proceeding for the condemnation of land for opening and extension of a street in the City of Oakland.

The City Council, under an Act of the Legislature entitled “An Act to provide for the opening of streets in the City of Oakland,” approved March 28, 1878, filed in the County .Court of the County of Alameda on the thirteenth day of January, 1879, a petition praying the appointment of three Commissioners to assess the compensation to be paid to the several owners of the land sought to be condemned and taken for the opening and extension of a street called Grove Street in the City of Oakland, and to make the assessment against the lands lying within the district to be benefited by the improvement, for the costs thereof. The Court appointed the Commissioners, and they subsequently made their report to the Court.

When the report came on for hearing the appellants, H. K. Hasten, Francis Blalcc, J. W. Knox, A. G. Henry, G. J. Mitchell, F. H. Brooks, F. B. Haswell, Elijah Higham, A. C. Brown, I. J. Jacoby, and the Central Land Company, appearing for the first time, severally filed their objections in writing to the confirmation of the report and moved to quash all of the proceedings, upon the grounds, among others, that the petition to the City Council, and upon which the proceedings to open and extend Grove Street were founded, was defective and void in that it does not comply with the statute in that behalf ; it does not contain a statement that, in the opinion of the petitioners, the public interests requires or required that the improvement asked for should.be made; in that said petition describes two improvements, and as to one of said improvements said petition does not contain a statement that in the opinion of the petitioners the public interests require that the same should be made. And also, that the County Court never acquired jurisdiction of the proceeding. The Court overruled all objections, and gave judgment confirming the the report of the Commissioners and condemning the land. Other facts are stated in the opinion of the Court.