People v. Goodsell

NOITRSE, P. J. Plaintiff sued in eminent domain and took possession of the property on August 10, 1934, under an order of court made therefor in accordance with the provisions of section 1254 of the Code of Civil Procedure. Trial by jury on the question of damages was commenced on the 24th of October, 1935, and concluded on the 27th of November, 1935, For the purpose of fixing damages the jury was instructed to determine the market value of the property as of the date of the trial, and that it should not include interest therein. A verdict was duly returned in the sum of $42,500, and findings of fact and conclusions of law were thereafter made and entered by the trial judge. Upon the presentation of the proposed findings and conclusions of law, the parties stipulated in open court that no claim of interest on the award would be made for the period prior to the 10th day of August, 1934, but the defendant then contended that she was entitled to interest at the legal rate on the amount of the award from and after that date, this being the date upon which the plaintiff entered into possession under the order of the court. The trial court at that time ruled that the defendant was not entitled to interest upon the amount of the award from any period prior to the entry of judgment, and thereupon signed the findings and filed its preliminary order and judgment of condemnation. Thereafter the plaintiff moved for a new trial, and, after argument thereon, an order was made that a new trial would be granted on the grounds of the insufficiency of evidence to justify the verdict and that the damages were excessive unless the defendant would consent to a reduction of the judgment to the sum of $34,242, in which event the said motion for a new trial would be denied. The defendant filed a written consent to the reduction of the preliminary order and judgment from the sum of $42,500 to the sum of $34,242. Thereupon the trial court entered its order amending the preliminary judgment by changing its figures indicating the amount of the award but at the same time stipulated that all the remaining provisions of said judgment should be deemed to be in full force. After the entry of this order the plaintiff paid to the clerk of the court the aggregate sum of $35,000 as [540]security for the payment of compensation to the defendant. This order was followed by another directing the clerk of the court to issue its warrant in the amount of $34,742.26, the amount of the award as amended with interest from the date of the judgment, and this sum was paid to defendant and received and accepted by her from the clerk of the court. Thereupon the defendant gave notice of appeal from that part of the judgment which failed to order the payment of interest to her from and after the date upon which plaintiff took possession of the property.