Legal Opinion

Meyer v. Metzler

California Supreme Court

Decided July 1, 1875No. 4444PublishedCited by 9 opinions

Appeal from the County Court, County of El Dorado. The plaintiff owned a lot in the city of Placerville, county of El Dorado, fronting on Main street, on which there was a one-story frame building, nineteen feet two inches in width, and forty-eight feet in depth, which was built in 1856 by the plaintiff and one Smidt. The plaintiff occupied this building as a saloon, and had purchased Smidt’s interest.

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Appeal from the County Court, County of El Dorado. The plaintiff owned a lot in the city of Placerville, county of El Dorado, fronting on Main street, on which there was a one-story frame building, nineteen feet two inches in width, and forty-eight feet in depth, which was built in 1856 by the plaintiff and one Smidt. The plaintiff occupied this building as a saloon, and had purchased Smidt’s interest. The defendant owned a lot adjoining plaintiff’s lot on the east, on which was a two-story brick building, erected in 1853. In 1856 a fire destroyed the woodwork of the brick building, but,…

1Opinion of the Court

By the Court:

The entire west wall of the defendant’s two-story brick building, both that portion of it erected in 1856 and the northerly portion of it erected'some five years later, leans to the west of a perpendicular line, and projects over the one-story wooden building of the plaintiff, which adjoins it on the west. The greatest projection—upwards of eight inches—is at the southeast corner of plaintiff’s building.

At the northern termination of the west wall of the old building the projection is some five and one-half inches. It appears that the new portion of defendant’s building—that…

2Cited by9 opinions

  1. United States v. CausbySupreme Court of the United States · 1946
  2. Kafka v. BozioCalifornia Supreme Court · 1923
  3. Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
  4. Huber v. StarkWisconsin Supreme Court · 1905
  5. Grandona v. LovdalCalifornia Supreme Court · 1889

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