More v. Massini
California Supreme Court
The Court below sustained the demurrer to the complaint, the plaintiff declined to amend, and judgment was entered against him, and be appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Shafter, J.:
The complaint is in two counts. The first count is for damages caused by a trespass upon land prior to a conveyance thereof to the plaintiff. The plaintiff claims the damages by assignment. In the second count the plaintiff alleges that he is the owner of the lands, and that they are in his possession ; that the defendants threaten to enter thereon, and to quarry and remove asphaltum therefrom, and that they will do so unless restrained. Wherefore an injunction is prayed, etc.
The complaint was demurred to on the ground that neither count stated a cause of action, and…
2Cases cited9 opinions
- Gray v. DoughertyCalifornia Supreme Court · 1864
- Natoma Water & Mining Co. v. ClarkinCalifornia Supreme Court · 1860
- Hicks v. MichaelCalifornia Supreme Court · 1860
- People ex rel. Pierce v. MorrillCalifornia Supreme Court · 1864
- Merced Mining Co. v. FremontCalifornia Supreme Court · 1857
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3Cited by31 opinions
- Goodley v. Wank & Wank, Inc.California Court of Appeal · 1976
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- Harris v. MillerCalifornia Supreme Court · 1925
- MacLeod v. StelleIdaho Supreme Court · 1926
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