Weaver v. Conger
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. This was an action to recover damages for the diversion of water from, and injury to, the flume and ditch of plaintiffs, and for an injunction. The complaint in this case occupies a space of fourteen closely-written pages of the record, and abounds in verbosity and repetition.
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Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. This was an action to recover damages for the diversion of water from, and injury to, the flume and ditch of plaintiffs, and for an injunction. The complaint in this case occupies a space of fourteen closely-written pages of the record, and abounds in verbosity and repetition. It contains four counts : The first count alleges that on the fifth day of July, 1853, plaintiffs, and those under whom, they claim, wore the owners, and entitled to the possession, of a certain water-right and privilege styled the “…
1ConcurrenceTerry, C. J.
1. The complaint was very loosely drawn, and contains much useless verbiage; but taking it altogether, the facts stated were sufficient to sustain an action. The demurrer was to the whole complaint; and, not being good as to all, was properly overruled. There was no misjoinder of causes of action. (Gates and others v. Kieff and others, 7 Cal. Rep., 124.) The decision in the case referred to would seem to conflict with the decision in the case of Bigelow v. Gove, (7 Cal. R., 133.) The report of this latter case is so full as to give a clear idea of the ground upon which the decision is…
2Cases cited2 opinions
- Merced Mining Co. v. FremontCalifornia Supreme Court · 1857
- Gates v. KieffCalifornia Supreme Court · 1857
3Cited by3 opinions
- Wilson v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1902
- Pfister v. DasceyCalifornia Supreme Court · 1884
- Pettigrew v. . McCoinSupreme Court of North Carolina · 1914