Cochran v. O'Keefe
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Sierra County. This'was an action to recover for alleged trespasses on a water ditch, and interference with its alleged water right, and to enjoin thé further continuance of the acts complained of. The trial was by the Court without a jury, and plaintiffs had judgment. On the defendants’ motion the Court below set aside the judgment and granted a new trial.
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Appeal from the District Court, Tenth Judicial District, Sierra County. This'was an action to recover for alleged trespasses on a water ditch, and interference with its alleged water right, and to enjoin thé further continuance of the acts complained of. The trial was by the Court without a jury, and plaintiffs had judgment. On the defendants’ motion the Court below set aside the judgment and granted a new trial. Divers grounds of error were assigned by defendants, but the only one considered by the Court in granting a new trial was that the Court erred in admitting in evidence a deed from O.…
1Opinion of the Court
By the Court, Sprague, J.
This is an appeal from an order of the Court below granting the defendants a new trial.
The only ground upon which the order was based, and the only point to which our attention is called by counsel for the respective parties on this appeal, is error of the Court, assigned by respondents as one of the grounds of their motion for a new trial, in admitting as evidence for plaintiffs, against objections of defendants, a deed from O. H. Gallop to the Guatamala Mining Company of the undivided half of the water right in controversy.
As appears by the statement on motion for…
2Cases cited2 opinions
- Bryan v. MaumeCalifornia Supreme Court · 1865
- Martin v. TraversCalifornia Supreme Court · 1859
3Cited by8 opinions
- Dodds v. GiffordCalifornia Court of Appeal · 1932
- Hamilton v. Southern Nev. Gold & Silver Min. Co.United States Circuit Court · 1887
- Norris v. HealdMontana Supreme Court · 1892
- United States v. TrabingWyoming Supreme Court · 1885
- Aultman & Taylor Co. v. GundersonSouth Dakota Supreme Court · 1894
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