Harris v. McGregor
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, Calaveras County. This was an action to recover the sum of six hundred dollars damages for the diversion by the defendant of the waters of the Middle Fork of the Mokelumne River, in Calaveras County, away from the ditch or canal known as the Sandy G-nlch, or Harris’ Ditch, and for an injunction to prevent further diversion during the pendency of the action, and for a perpetual injunction upon final hearing.
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Appeal from the District Court, Eleventh Judicial District, Calaveras County. This was an action to recover the sum of six hundred dollars damages for the diversion by the defendant of the waters of the Middle Fork of the Mokelumne River, in Calaveras County, away from the ditch or canal known as the Sandy G-nlch, or Harris’ Ditch, and for an injunction to prevent further diversion during the pendency of the action, and for a perpetual injunction upon final hearing. At the time of the issuance of the summons an injunction was granted upon the complaint, restraining and enjoining the defendant…
1Opinion of the Court
By the Court, Sanderson, C. J.
We pass the question as to the right of the defendant tó prove the title to the Sandy Gulch or Harris Ditch, to be outstanding in the Bunker Hill Canal and Mining Company alleged by the defendant to be a corporation, for the reason that in our judgment the evidence fails to establish the existence of any such corporation. The certificate offered in evidence for the purpose of proving the existence of such a corporation fails to comply with the provisions of the Act under which the alleged corporation was attempted to be formed, in an essential particular…
2Cases cited1 opinion
- Mokelumne Hill Canal & Mining Co. v. WoodburyCalifornia Supreme Court · 1859
3Cited by6 opinions
- Paxton Cattle Co. v. First National BankNebraska Supreme Court · 1887
- City of Oakland v. Superior CourtCalifornia Court of Appeal · 1982
- Bates v. WilsonSupreme Court of Colorado · 1890
- Creditors v. Consumer's Lumber Co.California Supreme Court · 1893
- Pacific Bank v. De RoCalifornia Supreme Court · 1869
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