Legal Opinion

Hefflon v. Bowers

California Supreme Court

Decided April 27, 1887No. 12070PublishedCited by 6 opinions

Appeal from an order of the Superior Court of San Diego County dissolving an injunction. The facts are stated in the opinion of the court.

1Opinion of the CourtPaterson, J.

— The injunction in this case was granted on the ex parte application of plaintiff, and was based upon the verified complaint and an affidavit.

Thereafter, the defendant presented several affidavits to the court, showing that the injurious effects complained of by plaintiff were not due, as alleged, to defects in the sewer, and that the break in the sewer, which was alleged to be the principal source of the nuisance, had been repaired since the issuance of the injunction.

Upon these affidavits, and the complaint and affidavit of plaintiff, the court, on motion of defendant, without notice to…

2Cases cited4 opinions

  1. Borland v. ThorntonCalifornia Supreme Court · 1859
  2. Falkinburg v. LucyCalifornia Supreme Court · 1868
  3. Delger v. JohnsonCalifornia Supreme Court · 1872
  4. Hiller v. CollinsCalifornia Supreme Court · 1883

3Cited by6 opinions

  1. San Francisco Iron & Metal Co. v. AbrahamCalifornia Supreme Court · 1931
  2. Blue Bird Mining Co. v. MurrayMontana Supreme Court · 1890
  3. Bullard v. RosenbergCalifornia Court of Appeal · 1933
  4. Cherry Hill Gold Mining Co. v. BakerCalifornia Supreme Court · 1905
  5. Thayer v. BellamyIdaho Supreme Court · 1903

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