1. Courts &wkey;598 (5) — Federal court may not enjoin proceedings to enforce state condemnation judgment. „ _

„ _ Ciidcr Jud. Code, § 265 (Comp. St. § 1242), generally forbidding federal courts to enjoin proceedings in a state court, a federal court may not enjoin a county from taking possession of a highway condemned in a suit in the state court, where the county is proceeding under and in pursuance of a judgment of condemnation, and a writ to aid enforcement of the judgment properly issued out of the state court.

2. Courts &wkey;>5©8 (5) —Federal court will not determine propriety of state court’s action in issuance of writ enforcing its judgment.

Where injunction is sought in a federal court to restrain a county from taking possession of land condemned by virtue of a judgment of tho state court and a writ in aid thereof, tbe federal court need not decide the claim that the writ was improperly issued, .the orderly procedure being to move tbe state court to have the writ recalled if improperly issued.

3. Eminent domain <&wkey;249 — Court may issue writ of assistance to pla.ee plaintiff in possession.

The superior court of California has power to issue a writ of assistance to place plaintiff in possession, in a suit to condemn land.

4. Courts <&wkey;568(l) — -Eight to injunction pending appeal docs not authorize federal court to enjoin proceedings in state court.

The doctrine that a court may stay proceedings pending an appeal from a judgment dissolving a temporary injunction, though the court may be of opinion that the parties securing tbe injunction may not eventually prevail, cannot bo invoked as against Jud. Code, § 205 (Comp. St. § 1242), forbidding federal courts to enjoin proceedings in a state court.

5. Injunction <&wkey;li}9 (1) —Suit in federal court to enjoin proceedings in state court dismissed without prejudice

Where a suit in a federal court to enjoin a county from taking possession of land under judgment of condemnation in a state court must be refused as eouirary to Jud. Code, § 265 (Comp. St. § 1242), as to enjoining proceedings in other courts, the bill may be dismissed without prejudice, or not to be regarded as an adjudication on tbe matters set forth in the bill.