City of San Francisco v. Tillman Estate Co.

This appeal is by the defendant from an order of the trial court granting a new trial in an action instituted by the plaintiff for the condemnation of certain property owned by the defendant and sought to be taken for a public use. The complaint was framed upon the model provided for in section 1244 of the Code of Civil Procedure, which does not require an averment in such complaint as to the value of the property sought to be condemned. The answer of the defendant consisted chiefly in the averment that the property sought to be condemned, and of which the defendant was the owner, was of the…