Matoza v. Superior Court

THE COURT.

Petition for writ of mandate. It appears therefrom that on the twenty-fifth day of May, 1929, the city of Oakland brought an action of eminent domain against petitioner and other defendants as owners of certain real property which the city desired to acquire for certain purposes. On the same day the action was filed, the city of Oakland, through its attorney, presented an affidavit to the judge of the court to whom the action had been assigned for trial and secured an order based upon such affidavit, whereby the city was authorized to take possession of the lands described in the…