Crescent City Wharf & Lighter Co. v. Simpson
California Supreme Court
Appeal from a judgment of the Superior Court of Del Norte County, and from an order denying a new trial. The demurrer for ambiguity and uncertainty referred to in the opinion was as follows: “That it cannot be discovered in the said complaint whether the plaintiff claims title to the moorings in question by virtue of the ownership, or by virtue of user thereof; it is unintelligible and uncertain for the same reason; it is also ambiguous in asserting that it would be…
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Appeal from a judgment of the Superior Court of Del Norte County, and from an order denying a new trial. The demurrer for ambiguity and uncertainty referred to in the opinion was as follows: “That it cannot be discovered in the said complaint whether the plaintiff claims title to the moorings in question by virtue of the ownership, or by virtue of user thereof; it is unintelligible and uncertain for the same reason; it is also ambiguous in asserting that it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief to the plaintiff, and in…
1Opinion of the Court
Foote, C.
This action was brought for the purpose of obtaining an injunction against the defendants, restraining them from taking up certain moorings alleged to be the property of plaintiff, and to recover damages for the removal of certain of said moorings.
The court below granted an injunction as to the removal of some of the moorings, and as to portions of others, and awarded damages in the sum of one hundred dollars for the taking away of a buoy and anchor belonging to a mooring of the plaintiff. From the judgment and an order denying a new trial the defendants have appealed.
Their first…
2Cases cited3 opinions
- The LottawannaSupreme Court of the United States · 1875
- Richards v. DowerCalifornia Supreme Court · 1883
- S. Cal. Colony Assn. v. BustamenteCalifornia Supreme Court · 1877
3Cited by13 opinions
- Chandler v. HartCalifornia Supreme Court · 1911
- Underhill v. Santa Barbara Land, Building, & Improvement Co.California Supreme Court · 1892
- Anderson v. WickliffeCalifornia Supreme Court · 1918
- Greve v. Echo Oil CompanyCalifornia Court of Appeal · 1908
- Heffernan v. DavisCalifornia Court of Appeal · 1914
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