Smithers v. Fitch
California Supreme Court
Appeal from a judgment of the Superior Court of Napa County, and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
This action was for an injunction restraining the defendants from entering upon the plaintiff’s premises, and taking down or removing his gates, or in any manner interfering with his premises, and for damages for acts of that kind already done. The case was tried before the court without a jury; the plaintiff had judgment for an injunction as prayed for, and damages in the nominal sum of one dollar and costs. The defendants appeal from the judgment, and an order denying a new trial.
The contest arose over the right asserted by one of the defendants, Fitch, a road-overseer or…
2Cases cited7 opinions
- Harding & Loftin v. JasperCalifornia Supreme Court · 1860
- Sherman v. BuickCalifornia Supreme Court · 1867
- Quinn v. AndersonCalifornia Supreme Court · 1886
- Potter v. AmesCalifornia Supreme Court · 1872
- Hope v. BarnettCalifornia Supreme Court · 1888
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3Cited by11 opinions
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- Robinson v. Southern California Railway Co.California Supreme Court · 1900
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
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