In re Bryan
California Supreme Court
Application for a writ of review. The facts are stated in the opinion.
1Opinion of the Court
The Court.
The application for a writ of review herein must be denied.
*376In our judgment the Superior Court in which the proceeding for condemnation was brought has full jurisdiction to prevent the plaintiff, or any one claiming under it, from taking possession of the land sought to be condemned, until the order for such taking possession has been made by said court. (Code Civ. Proc. § 1254.) If possession has been taken in advance of such order by the court allowing plaintiff to take possession, the Superior Court has power to have the possession restored to the defendant. Hence the applicant…
2Cited by3 opinions
- Felton Water Co. v. Superior CourtCalifornia Court of Appeal · 1927
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
- Neale v. Superior CourtCalifornia Supreme Court · 1888