County of Sutter v. Tisdale

The district attorney of Sutter County brought the present action, under the direction of the board of supervisors of that county, to procure by condemnation the right of way for a public road that the board of supervisors had determined should be laid out over the lands of the defendants. The action was tried by the court without a jury, and upon its findings of fact judgment was rendered in favor of plaintiff. The present appeal is from an order denying defendants’ motion for a new trial.

At the trial the plaintiff introduced in evidence a petition to the board of supervisors to lay out the…