Lower Kings River Water Ditch Co. v. Kings River & Fresno Canal Co.
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Tulare, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMyrick, J.
This is an action to recover damages for an alleged improper diversion of water from Kings River, and for an injunction restraining further diversion. The complaint was filed April 23, 1880, and on the 6th of September an answer was filed. In October of the same year an appeal was-taken from an order refusing to change the place of trial, and the appeal was in this court until May 22, 1882, when the remittitur went down. On the 4th of September, 1882, without previous notice to the defendant, plaintiff obtained an order of the court setting the case down for trial on the 6th of October.…
2Cited by5 opinions
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