Ware v. Walker
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
The plaintiff obtained a final decree in this action, perpetually enjoining the defendant Walker from interfering with the ditch or dam of Ware or his associates in the bed of the Arroyo de Los Gatos, upon the land of the defendant, or from obstructing the flow of the water of said arroyo into said ditch, and for costs.
From that judgment, and an order refusing him a new trial, the defendant appeals.
His first contention is, that the court erred in not granting his motion to strike out the second amended complaint filed in the action.
It appears that the cause of action, to wit, the…
2Cited by10 opinions
- Hannah v. PogueCalifornia Supreme Court · 1944
- De Necochea v. CurtisCalifornia Supreme Court · 1889
- Felsenthal v. WarringCalifornia Court of Appeal · 1919
- North Fork Water Co. v. EdwardsCalifornia Supreme Court · 1898
- Ward v. City of MonroviaCalifornia Supreme Court · 1940
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