Legal Opinion

Ellison v. Jackson Water Co.

California Supreme Court

Decided January 15, 1859PublishedCited by 24 opinions

Appeal from the Fifth District, County of Amador. This was an action brought to recover á judgment against the defendants in the sum of $48,154.14, for services rendered by plaintiff under a contract with the Jackson Water Company, for the construction of a ditch or canal, and also for the enforcement of a mechanics’ or laborers’ lien upon the work.

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Appeal from the Fifth District, County of Amador. This was an action brought to recover á judgment against the defendants in the sum of $48,154.14, for services rendered by plaintiff under a contract with the Jackson Water Company, for the construction of a ditch or canal, and also for the enforcement of a mechanics’ or laborers’ lien upon the work. On the twenty-second day of December, 1855, the plaintiff contracted, in writing, to and with the Jackson Water Company, for the construction of a certain ditch or canal in continuation of one owned by the company. By the terms of the contract,…

1Opinion of the CourtField, J.

It is unnecessary to pass in review the several objections raised on *551demurrer to the sufficiency of the complaint, and which are urged upon the attention of the Court by the counsel of the appellant in a very elaborate brief, as the case can be disposed of upon its merits, independent of any question of pleading. The action is brought to recover a judgment against the Jackson Water Company and Bayerque, for work performed by the plaintiff in the construction of a ditch, undeX an alleged contract between him and the company, made in December, 1855, and to obtain a decree enforcing a lien…

2Cases cited2 opinions

  1. Puckett v. BatesSupreme Court of Alabama · 1842
  2. Clay v. WaltonCalifornia Supreme Court · 1858

3Cited by24 opinions

  1. California Grocers Assn. v. Bank of AmericaCalifornia Court of Appeal · 1994
  2. Frink v. RoeCalifornia Supreme Court · 1886
  3. Abbott v. DoaneMassachusetts Supreme Judicial Court · 1895
  4. Capps v. HensleySupreme Court of Oklahoma · 1909
  5. Board of Commissioners v. Cincinnati Steam Heating Co.Indiana Supreme Court · 1891

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