Northwestern Pacific Railroad v. Superior Court

Upon the filing of a condemnation suit to obtain land for the proposed extension of a street, the city of Eureka obtained an ex parte order allowing it to “take immediate possession of the real property . . . and . . . immediately remove all obstacles and structures from said land and construct a street thereon. ...” Following the denial of several motions to rescind or to vacate that order and the overruling of the railroad’s demurrer to the complaint, this court granted a writ of review and also issued an alternative *456writ of prohibition to restrain further proceedings until the question of…