Legal Opinion

Myers v. Daubenbiss

California Supreme Court

Decided May 3, 1890No. 12252PublishedCited by 11 opinions

Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order denying a new trial. The facts are stated in the opinion.

1Opinion of the Court

Belcher, C. C.

The plaintiff brought this action to ■ obtain an injunction restraining the defendants from laying out, opening, or constructing a public road, or any road, over, across, or upon a certain described tract of land situate in Santa Cruz County, or from opening, breaking, or tearing down the inclosure about the said tract of land, or in any manner entering thereon for the purpose of making such road.

The court below granted the relief prayed for, and the defendants appeal from the judgment, and from an order denying them a new trial.

It is alleged in the complaint that on the…

2Cases cited2 opinions

  1. Carey v. RaeCalifornia Supreme Court · 1881
  2. Grigsby v. BurtnettCalifornia Supreme Court · 1866

3Cited by11 opinions

  1. Sowadzki v. Salt Lake CountyUtah Supreme Court · 1909
  2. MacHado v. Title Guarantee & Trust Co.California Supreme Court · 1940
  3. Boise City Ex Rel. Amyx v. FailsIdaho Supreme Court · 1972
  4. Humboldt County v. Van DuzerCalifornia Court of Appeal · 1920
  5. Felton Water Co. v. Superior CourtCalifornia Court of Appeal · 1927

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