Legal Opinion

County of Sierra v. Butler

California Supreme Court

Decided June 12, 1902No. Sac. No. 961PublishedCited by 7 opinions

The facts are stated in the opinion. Tirey L. Ford, Attorney-General, and Frank R. Wehe, District Attorney, for Appellant.

1Opinion of the Court

CHIPMAN, C.

The action was commenced by the road-commissioner, in the name of Sierra County, to 'enjoin the running of water and débris from the mine of respondents upon and over a public highway of the county and a public plaza in the town of Downieville, Sierra County. Defendants demurred on the two grounds: 1. That the court had no jurisdiction; and 2. That plaintiff had not legal capacity to sue. The court sustained the demurrer on the second ground, and a judgment of dismissal was entered from which plaintiff appeals. There is no brief filed by respondent.

The complaint shows that…

2Cases cited6 opinions

  1. People ex rel. Bryant v. HolladayCalifornia Supreme Court · 1892
  2. City & County of San Francisco v. BuckmanCalifornia Supreme Court · 1886
  3. Bailey v. DaleCalifornia Supreme Court · 1886
  4. Hall v. KauffmanCalifornia Supreme Court · 1895
  5. County of Stearns v. St. Cloud, Mankato & Austin RailroadSupreme Court of Minnesota · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Atlas Thrift Co. v. HoranCalifornia Court of Appeal · 1972
  2. Reclamation District No. 1500 v. Superior CourtCalifornia Supreme Court · 1916
  3. People Ex Rel. Clancy v. Superior CourtCalifornia Supreme Court · 1985
  4. County of Marin v. Superior CourtCalifornia Supreme Court · 1960
  5. People v. WitzermanCalifornia Court of Appeal · 1972

2 more not listed; retrieve them via the Exa API.

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