Dehail

Action to appropriate to the use of the plaintiff as a public street certain lands of the defendants under proceedings taken by virtue of the act of March 6, 1889. (Stats. 1889, p. 70.)

The complaint sets forth an ordinance for the widening of First Street from Los Angeles Street to Alameda Street, adopted by the plaintiff July 8, 1889, and also the various steps taken by the municipality under that ordinance; and alleges that a portion of the land required for the widening of the street is the property of the defendant Alice Dehail, and that the commissioners appointed under said ordinance have determined that she will be damaged by said improvement in the sum of $3,718.50; that this amount of money has been tendered to her, with a request that she execute a deed for said *14 land to the city, and that she has refused to accept the money or make the deed; and prays judgment for the condemnation of said land upon the payment to the defendants, or into court for their benefit, of the amount of compensation therefor to which they are entitled. A demurrer to this complaint was sustained, and from the judgment rendered thereon in favor of the defendants the plaintiff has…