Kiernan

— Action to condemn land for the purpose of widening Mission Street in the city and county of San Francisco, in which judgment was rendered in favor of plaintiff. Six of the nine defendants have appealed from the judgment, and from an order denying their motion for a new trial.

The action was commenced April 1, 1890, and the complaint conforms to the act of March 6, 1889, entitled “An act to provide for laying out, opening, extending, widening . . . . any street .... within municipalities, and to condemn and acquire any and all land and property necessary or convenient for that purpose.” (Stats. 1889, p. 70.) But the order of the board of supervisors for the widening of Mission Street, on which the proceeding to condemn is alleged to depend, was made on April 7,1888, pursuant to a previous resolution of the board, passed November 14, 1887, declaring the intention of the board to make such order according to the provisions of “An Act to confer further powers upon the board of supervisors of the city and county of San Francisco.” (Approved April 25, 1863, Stats. 1863, p. 560.)

1. The principal point made by counsel for appellants is that the act of April 25,1863, had been…