Wixon v. Bear River & Auburn Water & Mining Co.
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, Placer County. This action >vas commenced May 26th, 1861. Plaintiff averred in his complaint that in 1854 he inclosed with a substantial fence a tract of land containing about two acres, across the road from bis residence, and planted the same with peach and apple trees; and that since said year he had annually cultivated the same with vegetables and strawberries, for the use of his family.
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Appeal from the District Court, Eleventh Judicial District, Placer County. This action >vas commenced May 26th, 1861. Plaintiff averred in his complaint that in 1854 he inclosed with a substantial fence a tract of land containing about two acres, across the road from bis residence, and planted the same with peach and apple trees; and that since said year he had annually cultivated the same with vegetables and strawberries, for the use of his family. That defendant was the owner of a ditch conveying water from Bear River for mining purposes, and passing a short distance above plaintiff’s…
1Opinion of the Court
By the Court, Sanderson, C. J.
We cannot notice the argument of counsel for appellant as to the sufficiency of the evidence to sustain the verdict, nor as to the question of costs, nor the correctness of the decree for an injunction, because they are not embraced in the grounds of appeal set forth in the statement. (Barrett et al. v Tewksbury and Wife, 15 Cal. 354; Reynolds v. Lawrence, 15 Cal. 359.) Under the rule laid down in those cases, we can only consider the points made upon the instructions given and refused by the Court.
Nor do we deem it necessary to notice in detail the instructions…
2Cases cited2 opinions
- Barrett v. TewksburyCalifornia Supreme Court · 1860
- Reynolds v. LawrenceCalifornia Supreme Court · 1860
3Cited by6 opinions
- Bruton v. . Light Co.Supreme Court of North Carolina · 1940
- Bruton v. Carolina Power & Light Co.Supreme Court of North Carolina · 1940
- Sussex Land & Live Stock Co. v. Midwest Refining Co.Court of Appeals for the Eighth Circuit · 1923
- Moore v. MurdockCalifornia Supreme Court · 1864
- H. B. Bowling Coal Co. v. RuffnerTennessee Supreme Court · 1906
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