187 P. 41 | Cal. Ct. App. | 1919
Prohibition. Petitioners here were defendants in a certain action brought in the superior court by the Los Angeles County Flood Control District. That action was prosecuted to secure, by condemnation, certain lands for the uses of said district in the carrying out of the purposes described in the statute under which such district was organized. The complaint in the action set forth the different steps and proceedings had and taken by the board of supervisors preliminary to the commencement of the suit, and showed that the public use and necessity demanded that the property described be acquired by the there plaintiff. None of these petitioners made any denial as to the issues tendered by these preliminary allegations of the complaint; they did take issue as to the value of the land sought to be taken, and this issue was submitted to a jury, which returned a verdict thereon. Plaintiff was dissatisfied with the *106
finding made by the jury and within ten days after verdict served its notice of intention to move for a new trial, which motion was not brought on for hearing until after ninety days had expired subsequent to the entry of the verdict. When the motion came on for hearing, petitioners here, defendants in that case, objected to any consideration of the motion on the ground that such a motion was required to be disposed of within ninety days after the verdict of the jury, and that no authority resided in the court to act upon the same. This contention was made agreeable to the provisions of section
From the conclusions expressed, peremptory writ should be denied and this proceeding dismissed. It is so ordered. *108