Delger v. Johnson
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. The plaintiff brought an action against the defendant, as Marshal of the City of Oakland, to restrain the commission of waste in the opening of a public street through premises owned by the plaintiff. The complaint was filed June 8th, 1870, and on the application of the plaintiff on the same day, the Court granted an injunction, based upon the complaint alone.
Read the full summary
Appeal from the District Court of the Third Judicial District, County of Alameda. The plaintiff brought an action against the defendant, as Marshal of the City of Oakland, to restrain the commission of waste in the opening of a public street through premises owned by the plaintiff. The complaint was filed June 8th, 1870, and on the application of the plaintiff on the same day, the Court granted an injunction, based upon the complaint alone. The defendant answered and served notice, that he would move, on the complaint and answer, to have the injunction dissolved. By consent, the motion to…
1Opinion of the Court
By the Court, Rhodes, J.:
It was held in Falkinburgh v. Lucy, 35 Cal. 52, and many other cases in this Court, that when the defendant moves, on the complaint and answer, to dissolve an injunction, the answer will be treated for all the purposes of the motion as an affidavit, and that the plaintiff on the hearing of the motion is entitled to reply to the answer by affidavits. The defendant concedes the right of the plaintiff:' to file the two *185affidavits which he offered to read, but contends that the Court has the discretion to refuse the plaintiff the use of them on the hearing of the motion,…
2Cases cited1 opinion
- Falkinburg v. LucyCalifornia Supreme Court · 1868
3Cited by12 opinions
- Blake v. City of EurekaCalifornia Supreme Court · 1927
- Gardner v. StroeverCalifornia Supreme Court · 1889
- Kinkade v. MyersOregon Supreme Court · 1889
- Allen v. Hotel & Restaurant Employees' International AllianceCalifornia Court of Appeal · 1950
- Griffith v. Dept. of Public WorksCalifornia Supreme Court · 1959
7 more not listed; retrieve them via the Exa API.