Gates v. Kieff
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. The plaintiffs filed their complaint, alleging certain acts of trespass, committed by the defendants, upon the mining-claim of the plaintiffs.
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Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. The plaintiffs filed their complaint, alleging certain acts of trespass, committed by the defendants, upon the mining-claim of the plaintiffs. After stating the various acts of trespass, which consisted of entering upon, taking possession of, and working the claim, the complaint then, in another paragraph, avers the injuries so committed to be irreparable; and concludes by a prayer for an injunction, and other equitable relief, in one paragraph, and a prayer for judgment for restitution, and damages, in…
1Opinion of the Court
Murray, C. J.,
delivered the opinion of the Court.—Burnett, J., concurring.
The first error assigned by the appellants, is the order of the Court below, in overruling the demurrer to the complaint. The ground of the demurrer is, that the complaint improperly joins two distinct causes of action, or rather, that it blends together a declaration in a civil action and a bill in chancery. The complaint is inartificially drawn, but at the same time is substantially correct; it sets out in the first place a cause of action in trespass, and concludes with a prayer for an injunction.
The appellant admits…
2Cited by7 opinions
- More v. MassiniCalifornia Supreme Court · 1867
- Hughes v. DunlapCalifornia Supreme Court · 1891
- San Francisco & San Jose Railroad v. MahoneyCalifornia Supreme Court · 1865
- Story v. MaclayMontana Supreme Court · 1880
- Weaver v. CongerCalifornia Supreme Court · 1858
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