In re Bastian

This proceeding was instituted in November, 1931, to acquire the property of the defendants for county park purposes.

The lis pendens was filed on the seventeenth of that month. After some adjournments, commissioners were named by the court. *172The written order was apparently neglected, and the parties prepared for the hearing before the commissioners. The hearing was not brought on, however, and in July, 1933, the owner moved the court for an order setting the date for the hearing. This motion resulted instead in an application by the petitioner to discontinue the proceeding under section 18 of…