McGarrahan v. Maxwell
California Supreme Court
Appeal from the District Court, Third Judicial District, Monterey County. This action was brought to recover possession of the tract of land, lying partly in Fresno and partly in Monterey county, and in which are located the New Idria quicksilver mines.
Read the full summary
Appeal from the District Court, Third Judicial District, Monterey County. This action was brought to recover possession of the tract of land, lying partly in Fresno and partly in Monterey county, and in which are located the New Idria quicksilver mines. The plaintiff claimed title under a grant of the Mexican Government made in 1844 to Vicente Gomez, and to prove the issues on his part, offered in evidence the petition of Gomez for the confirmation of his grant to the United States Board of Land Commissioners, organized under the Act of Congress of' March 3, 1851; a decree of confirmation of…
1Opinion of the Court
By the Court,
Rhodes, J.
The complaint in this case, in addition to a cause of action in ejectment, states facts entitling the plaintiff to a provisional injunction pending the action, and a perpetual injunction to restrain the defendants from the commission of waste on the premises in controversy. The judgment in ejectment was rendered August 10, 1863, and on the same day a decree of injunction, perpetually restraining the defendants from committing waste was signed and filed in the Clerk’s office, and on the following day it was entered in the judgment book. It does not appear that a…
Also in this document: Concurrence.
2Cases cited5 opinions
- Aldridge v. WilliamsSupreme Court of the United States · 1844
- Leese v. ClarkCalifornia Supreme Court · 1862
- Woodbury v. BowmanCalifornia Supreme Court · 1859
- United States v. De PachecoSupreme Court of the United States · 1858
- Forrest v. ForrestNew York Supreme Court · 1850
3Cited by12 opinions
- People v. Bank of San Luis ObispoCalifornia Supreme Court · 1910
- Harris v. BarnhartCalifornia Supreme Court · 1893
- Spears v. Cty. of ModocCalifornia Supreme Court · 1894
- Sharon v. HillUnited States Circuit Court · 1885
- Security-First National Bank v. GreenCalifornia Court of Appeal · 1935
7 more not listed; retrieve them via the Exa API.