Hensley v. Tarpey
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Cruz. This was an appeal, by the plaintiffs below, from an order dissolving an injunction restraining the defendant from digging up or carrying away lime rock, and from cutting down, breaking, wasting, and carrying away any of the redwood timber, or other trees, being on the rancho of Canada del Rincon.
Read the full summary
Appeal from the District Court of the Third Judicial District, County of Santa Cruz. This was an appeal, by the plaintiffs below, from an order dissolving an injunction restraining the defendant from digging up or carrying away lime rock, and from cutting down, breaking, wasting, and carrying away any of the redwood timber, or other trees, being on the rancho of Canada del Rincon. A motion having been made by the defendant, Tarpey, on his answer to dissolve the injunction heretofore granted at the hearing thereof, the plaintiffs introduced, in evidence, a copy of the Cañada del Rincon grant,…
1Opinion of the CourtMurray, C. J.
On the trial of this cause in the Court below, no sufficient predicate was laid for the introduction of certified copies of the original grant and other documents, and the evidence being only secondary, was properly rejected.
The Courts of this State are not bound to take official notice of the rules adopted for the regulation of the various departments of the federal government, or those established by the Board of Land Commissioners or Surveyor-General of the United States for California. If these officers have adopted a rule, refusing to allow original papers to be taken from the the files,…
2Cited by6 opinions
- In re Estate of WoodworthCalifornia Supreme Court · 1867
- City of St. Louis v. NiehausSupreme Court of Missouri · 1911
- Bagley v. EatonCalifornia Supreme Court · 1858
- Soto v. KroderCalifornia Supreme Court · 1861
- Fallon v. DoughertyCalifornia Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.