Legal Opinion

Thompson v. Williams

California Supreme Court

Decided July 1, 1856PublishedCited by 7 opinions

Appeal from the District Court of the Fourteenth Judicial District, county of Nevada. This was an appeal taken from an order granting an injunction in the District Court, made by the County Judge of Nevada County, enjoining the defendants and their agents, etc., from interfering with the plaintiffs’ dam or water privileges.

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Appeal from the District Court of the Fourteenth Judicial District, county of Nevada. This was an appeal taken from an order granting an injunction in the District Court, made by the County Judge of Nevada County, enjoining the defendants and their agents, etc., from interfering with the plaintiffs’ dam or water privileges. The injunction was granted on the return of an order to show cause, and after examination of witnesses on the part of defendants and plaintiffs, and argument of counsel.

1Opinion of the CourtJustice Heydenfeldt

Mr. Justice Terry concurred.

Objection is made to the power of the County Judge to grant injunctions. The Constitution, after fixing and limiting the power of this official, as Judge of the County and Probate Courts, and Court of Sessions, adds that “he shall perform such other duties as shall be required by law.”

The jurisdiction of each of the Courts established by the Constitution is specifically pointed out by that instrument, and we have repeatedly held that the Legislature has no power to alter the Constitutional boundaries.

But the grant of authority to the County Judge to award…

2Cited by7 opinions

  1. People ex rel. Attorney General v. ProvinesCalifornia Supreme Court · 1868
  2. Neil v. Public Utilities CommissionIdaho Supreme Court · 1919
  3. Nate v. Lawerence DenneyIdaho Supreme Court · 2017
  4. Creanor v. NelsonCalifornia Supreme Court · 1863
  5. Powers v. City of RichmondCalifornia Supreme Court · 1995

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