Legal Opinion

James v. Williams

California Supreme Court

Decided July 1, 1866PublishedCited by 14 opinions

Appeal from the District Court, Second Judicial District, Butte County. In 1857 a company located a right of way for the purpose of cutting a ditch around the side of Table Mountain, Butte County, in order to gather the water flowing down the ravines, to convey it to mining claims at Cherokee Flat, and at the same time the company claimed the right to appropriate the water in the ditch when constructed.

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Appeal from the District Court, Second Judicial District, Butte County. In 1857 a company located a right of way for the purpose of cutting a ditch around the side of Table Mountain, Butte County, in order to gather the water flowing down the ravines, to convey it to mining claims at Cherokee Flat, and at the same time the company claimed the right to appropriate the water in the ditch when constructed. In order to make the ditch it was necessary that two tunnels should be run through intervening hills. In 1857 work was commenced in the tunnels, and a line of ditch marked to a ravine known,…

1Opinion of the Court

By the Court, Rhodes, J.:

The first appeal having been dismissed, the second was taken too late to permit the appeal from the order denying the defendant’s motion for a new trial to be heard, and consequently it stands on the judgment roll alone.

No objection is made to the complaint as being insufficient to warrant the relief granted, and we think it states facts, which if true, entitle the plaintiff to such relief as is prayed for. And if no one of the facts therein stated, and which are put in issue by the answer, were contained in the findings, the *213judgment would not be disturbed unless…

2Cases cited2 opinions

  1. Hidden v. JordanCalifornia Supreme Court · 1865
  2. Lyons v. LeimbackCalifornia Supreme Court · 1865

3Cited by14 opinions

  1. Sewell v. JohnsonCalifornia Supreme Court · 1913
  2. Sewell v. PriceCalifornia Supreme Court · 1912
  3. Rogers v. HarrisSupreme Court of Oklahoma · 1919
  4. Brown v. BrownCalifornia Court of Appeal · 1927
  5. White v. Beal & Fletcher Grocer Co.Supreme Court of Arkansas · 1898

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