Legal Opinion

Quinlan v. Noble

California Supreme Court

Decided March 14, 1888No. 12113PublishedCited by 27 opinions

Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFarland, J.

—This is an action to remove an obstruction in a water ditch. The verdict and judgment were for plaintiff, and defendant appeals. At the close of plaintiff’s evidence, defendant moved for nonsuit, which was denied. It does not appear that any evidence was offered by defendant, and the verdict went for plaintiff. Appellant’s argument is addressed mainly to the point that the court erred in denying the nonsuit.

The evidence was sufficient to warrant the court and jury in finding the following facts: At the commencement of the action,—June 1, 1886,—plaintiff was the owner of a certain tract of…

2Cases cited2 opinions

  1. Lampman v. . MilksNew York Court of Appeals · 1860
  2. Cave v. CraftsCalifornia Supreme Court · 1878

3Cited by27 opinions

  1. Morris v. BluntUtah Supreme Court · 1916
  2. Cheda v. BodkinCalifornia Supreme Court · 1916
  3. Parks v. GatesCalifornia Supreme Court · 1921
  4. Jersey Farm Co. v. Atlanta Realty Co.California Supreme Court · 1912
  5. Nay v. BernardCalifornia Court of Appeal · 1919

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