W. A. Manda, Inc. v. City of Orange

*631The opinion of the court was delivered by

Swayze, J.

This is an action oí trespass quare, clausum fregit. It was admitted that Batt entered upon the plaintiffs’ property under a contract with the city of Orange, and by its procurement, and laid water pipes for the city therein. The defence was that the city had taken proceedings to condemn the lands, which had gone so far that the value had been ascertained by the commissioners and the amount paid into court. The statute authorizes the petitioner in condemnation proceedings to enter upon the land and take possession upon filing the report of…