Franz v. Mendonca

This action was brought to obtain an injunction to prevent defendant from obstructing, and from preventing the plaintiff from passing over, a certain byway or alleged private road over the lands of defendant, and for damages. The first trial resulted in a judgment for defendant. The court afterwards granted the plaintiff a new trial, from which order the defendant appealed to this court, and the order was here affirmed. (Franz v. Mendonca, 131 Cal. 205.) The case was again tked in the court below, and resulted in a judgment for plaintiff, from which and "from the order denying his motion for…