Wulzen

The appellant here filed his petition in the court below to obtain a writ of review under section 1068 of the Code of Civil Procedure, to annul a certain order of the board of supervisors of the city and county of San Francisco (a copy of which marked “Exhibit C” is made a part of the petition), which purported on its face to take and condemn petitioner’s land with that of many others, for an alleged public use, in the extension of Market street in a general southwesterly direction from its present terminus to the Pacific ocean.

The order sought to be.brought under review follows the resolution of intention of the board (which is also set out at length in the petition and marked “ Exhibit A”), and the portion thereof against which the objections of petitioner are more particularly directed, is as follows:

The petition avers that no compensation was made to petitioner for his land taken, and also that it is not and never has been for the public use or convenience, or necessary thereto, to open or extend said Market street, and specifies reasons for this conclusion.

An order requiring defendant to show cause why a writ of review should not be allowed issued, in answer *18 to…