§16


in  special  proceedings  generally,  and  therefore,  in  the
absence  of  any  provision  in  a  statute  providing  for  a  par-
ticular special  proceeding  and  denying  the  right  of  appeal
from  the  judgment  therein,  an  appeal  may  be  taken  by
virtue  of  this  general  provision.**  A  proceeding  to  con-
demn land  for  public  purposes  is  a  special  proceeding,  as
the  court  acts  judicially  therein,  a  petition  is  filed  setting
up  the  grounds  upon  which  the  right  to  acquire  the  land
is  claimed,  and  the  parties  interested  are  summoned  to
appear  and  answer;  consequently  a  final  judgment  therein
is  appealable  as  a  final  judgment  in  a  special  proceed-
ing.** A  judgment  upon  an  award  is  a  judgment  upon  a
proceeding  within  the  meaning  of  the  statute.*''  And
where  two  suits  are  brought  in  different  states  against  a
common  defendant  and  the  plaintiff  in  one  action  inter-
venes in  the  other  and  procures  an  order  directing  the
delivery  of  books  of  the  defendant  to  him  for  use  in
his  own  action,  the  intervention  is  in  effect  a  special  pro-
ceeding being  spent  by  the  order  made  and  the  order  is
appealable  as  a  final  judgment  in  a  special  proceeding.*^
The  code  classifies  proceedings  to  obtain  the  issuance
of  the  writs  of  mandamus,  prohibition  and  review  or  cer-
tiorari, as  si)ecial  proceedings,  consequently  appeals  may
be  taken  from  the  judgments  therein  as  final  judgments
in  special  proceedings.**  So,  also,  because  the  following
are  special  proceedings,  appeals  may  be  taken  from  the


15,  Applieation  of  Herman  (Cal.),
191  Pac.  934  (decision  in  a  pro-
ceeding bj  a  publisher  to  have  the
standing  of  his  newspaper  deter-
mined as  one  of  general  eircula-
tion  is  appealable  as  a  judgment
in  a  special  proceeding);  People
▼.  Bank  of  San  Luis  Obispo,  152
CaL  261,  92  Pae.  481;  Morton  v.
