Legal Opinion

Barnes v. Daveck

California Court of Appeal

Decided January 29, 1908No. Civ. No. 382PublishedCited by 11 opinions

APPEAL from a judgment of the Superior Court of Sonoma County, and from an order denying a new trial. Emmet Seawell, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtChipman, P. J.

Action to restrain defendant from entering upon or traveling over a certain strip of land claimed to be owned by plaintiffs and over which they claim to have constructed a private way to their dwelling-houses. The cause was tried by'the court, sitting without a jury, and defendant had the judgment.

Plaintiffs appeal from the judgment and from the order denying their motion for a new trial.

The important issues in the case are disposed of in the following findings of the court, which appellants insist are not supported by the evidence, to wit:

“II. That plaintiffs’ grantors did not construct a…

2Cases cited10 opinions

  1. Unger v. MooneyCalifornia Supreme Court · 1883
  2. Schwerdtle v. County of PlacerCalifornia Supreme Court · 1895
  3. Kripp v. CurtisCalifornia Supreme Court · 1886
  4. People v. GloverCalifornia Supreme Court · 1903
  5. Franz v. MendoncaCalifornia Supreme Court · 1900

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

3Cited by11 opinions

  1. People v. SayigCalifornia Court of Appeal · 1951
  2. Conaway v. ToogoodCalifornia Supreme Court · 1916
  3. County of Los Angeles v. BerkCalifornia Supreme Court · 1980
  4. Diamond Match Co. v. SavercoolCalifornia Supreme Court · 1933
  5. Laguna Beach v. Consolidated Mortgage Co.California Court of Appeal · 1945

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

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