Vilhac v. Stockton & Ione R.R.
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, San Joacjuin County. Action for one thousand six hundred dollars and fifty cents, alleged to be due on a bond given under sec. 1254 of the Code of Civil Procedure, in a proceeding to condemn land for the use of defendants’ railroad.
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Appeal from the District Court of the Fifth Judicial District, San Joacjuin County. Action for one thousand six hundred dollars and fifty cents, alleged to be due on a bond given under sec. 1254 of the Code of Civil Procedure, in a proceeding to condemn land for the use of defendants’ railroad. A part of the road was constructed over the land of plaintiff, referees were appointed, who assessed and reported damages to the plaintiff in the sum of one thous- and six hundred dollars and fifty cents. Subsequently the railroad company abandoned its line over plaintiffs’ land and adopted another…
1Opinion of the Court
By the Court :
The undertaking upon which the action was brought was given in proceedings instituted by the railroad company for the condemnation of certain tracts of land, one of which was owned by the plaintiff, and was intended as the “ security ” provided for in sec. 1254 of the Code of Civil Procedure, upon being authorized by the Court to have the possession and use of the lands during the pendency of the condemnation proceedings, the parties who- executed the undertaking thereby promising that the railroad company should pay the compensation which might be awarded by reason of the…
2Cases cited2 opinions
- Sanborn v. BeldenCalifornia Supreme Court · 1876
- San Mateo Waterworks v. SharpsteinCalifornia Supreme Court · 1875
3Cited by14 opinions
- People v. MunroeCalifornia Supreme Court · 1893
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Jacobsen v. Superior CourtCalifornia Supreme Court · 1923
- Metropolitan Water District v. AdamsCalifornia Supreme Court · 1940
- Vallejo & Northern Railroad v. Reed Orchard Co.California Supreme Court · 1918
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