Kothenberthal v. City of Salem Co.

This was an action under section 330 of the Civil Code for damages alleged to have been caused by a private nuisance affecting the use and enjoyment of certain real property owned by the plaintiff. The trial resulted in a verdict assessing the damages to the property at one hundred dollars. At this stage of the proceedings, the plaintiff filed a motion for judgment on the verdict, which was allowed, and also included in the same a further 'motion for an order directing a warrant to issue to the sheriff requiring him to abate the nuisance complained of, which, at a later day of the same term,…