City of Oakland v. Parker

The plaintiff sued to condemn a certain strip of land in the city of Oakland to be used for the purpose of a public street. The cause was tried by the court sitting without a jury. Findings and judgment were entered condemning the land for the purposes mentioned and the plaintiff paid into court the sum awarded to the defendant, W. M. Greuner. From this judgment said defendant prosecutes this appeal upon the judgment-roll and a bill of exceptions.

In his opening brief the-appellant advances four grounds of attack upon the judgment which we will consider in the order presented:(1) That the…