People Ex Rel. Department of Public Works v. Gutierrez

In an eminent domain proceeding may a condemnee prosecute a motion for a new trial after having applied for and received payment of the full amount due her under the judgment, filed her receipt and abandonment of defenses, excepting her claim for greater compensation, where the eondemner has neither demanded nor taken any procedure to gain possession of the property?

This is the basic issue presented in this appeal from the order granting a new trial to defendant Mary A. Gutierrez. After a jury trial in Santa Barbara County judgment was ordered condemning to the plaintiff certain parcels of…