County of Yolo v. City of Sacramento
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Yolo County. The plaintiff appealed from the judgment. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, J. :
The case comes here upon demurrer to the complaint, which was sustained in the Court below, with leave to amend. The plaintiff elected not to amend, and accordingly final judgment passed for the defendant.
The plaintiff sues to abate an alleged nuisance, and to *194recover damages sustained by reason thereof. The complaint shows that on the first of February, 1866, the plaintiff became possessed of a large tract of swamp and overflowed land, known as Swamp Land District Humber Eighteen, bordering on the west bank of the Sacramento Diver, which it holds in trust for the…
2Cases cited3 opinions
- Attorney-General v. Utica InsuranceNew York Court of Chancery · 1817
- Blanc v. KlumpkeCalifornia Supreme Court · 1865
- Courtwright v. Bear River & Auburn Water & Mining Co.California Supreme Court · 1866
3Cited by25 opinions
- Dryden v. Board of Pension CommissionersCalifornia Supreme Court · 1936
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
- James J. Oppen, Arthur J. Luck and Glenn A. Henry v. Aetna Insurance Co., Union Oil Co. Of Calif.Court of Appeals for the Ninth Circuit · 1973
- Fisher v. ZumwaltCalifornia Supreme Court · 1900
- Rosenberg v. FrankCalifornia Supreme Court · 1881
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