Gould

This action is prosecuted hy said railway company to condemn a right of way for its railroad over the lands owned hy defendant. The defendant demurred to the complaint specially that the description of the land sought to he condemned is uncertain, and generally that a cause of action is not stated. These grounds of demurrer are based substantially upon the same alleged defect, and are aimed at paragraph 3 of the complaint, which reads as follows:

It is also alleged that a map of the road, so far as it is involved in this proceeding, is annexed to the complaint as an exhibit and made part thereof.

Appellant contends that the description and map of the land sought to be condemned are each and both insufficient.

Section 1244 of the Code of Civil Procedure, subdivision 4, provides: “If a right of way be sought the complaint must show the location, general route, and termini, and must be accompanied by a map thereof, so far as the same is involved in the action or proceeding; 5. A description of each piece of land sought to be taken, and whether the same includes the whole or only a part of an entire parcel or tract.”

In California Cent. Ry. Co. v. Hooper, 76 Cal. 404, 413 , it was…