Natoma Water & Mining Co. v. Parker
California Supreme Court
Appeal from the Sixth District. Suit for damages for timber cut and carried away from premises alleged to belong to plaintiff, and for an injunction against future trespasses.
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Appeal from the Sixth District. Suit for damages for timber cut and carried away from premises alleged to belong to plaintiff, and for an injunction against future trespasses. The complaint, with affidavit annexed, was filed in the District Court on the twenty-fourth day of December, 1858, application for the injunction being made to the County Judge, who ordered the defendants to show cause before him, on the third day of January, 1859, why the injunction should not be issued, and in the meantime restrained defendants. On said third day of January, Parker and Allen, two of said defendants,…
1Opinion of the CourtCope, J.
—Baldwin, J. and Field, C. J. concurring.
This is an appeal from an order dissolving an injunction. The injunction was granted upon an order to show cause, and after a Ml hearing of the case upon the merits. It was dissolved upon the ground of the insufficiency of the complaint. The order granting it might have *85been appealed from, and in our opinion this was the only remedy open to the defendants. The Practice Act (sec. 118) provides that, “ If an injunction be granted without notice, the defendant, at any time before the trial, may apply upon reasonable notice to the Judge who granted the…
2Cases cited1 opinion
- Natoma Water & Mining Co. v. ClarkinCalifornia Supreme Court · 1860
3Cited by9 opinions
- United Railroads v. Superior CourtCalifornia Supreme Court · 1915
- Curtiss v. BachmanCalifornia Supreme Court · 1895
- Eisenberg v. Superior CourtCalifornia Supreme Court · 1924
- Goyhinech v. GoyhinechCalifornia Supreme Court · 1889
- Winnett Pacific Oil Co. v. WilsonMontana Supreme Court · 1924
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