Legal Opinion

Rickey Land & Cattle Co. v. Glader

California Court of Appeal

Decided July 10, 1907No. Civ. No. 307PublishedCited by 3 opinions

APPEAL from a judgment of the Superior Court of Mono County. J. D. Murphey, Judge. The facts are stated in the opinion of the court. Jas. F. Peck, Wm. O. Parker, and Chas. C. Boynton, for Appellant.

1Opinion of the CourtChipman, P. J.

This cause was argued and submitted upon the unquestioned assumption that this court had jurisdiction to entertain the appeal. Upon an examination of the record it clearly appears that the action is in equity, being an action to restrain defendant from diverting the waters of a certain creek. Appellate jurisdiction in all cases in equity is given to the supreme court. (Cal. Const., art. VI, sec. 4.)

We have no doubt that this court is without jurisdiction to entertain an appeal involving the merits of the action. And it seems to us to be equally clear that we cannot entertain an appeal from…

2Cited by3 opinions

  1. Matter of Application of DavidsonCalifornia Supreme Court · 1914
  2. County of Yuba v. North American Consolidated Gold Mining Co.California Court of Appeal · 1909
  3. Matter of Application of DavidsonCalifornia Court of Appeal · 1914

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