San Diego Land & Town Co. v. Neale
California Supreme Court
Appeal from an order of the Superior Court of San Diego County made after final judgment. The facts are stated in the opinion, and in the opinion in the preceding case of San Diego Land and Town Company v. Neale, ante, p. 63.
1Opinion of the Court
Hayne, C.
— The general features of this case are shown in No. 12743, w’hich has just been decided. (Ante, p. 63.) It appears that the plaintiff’s dam, which was begun before the commencement of the proceedings in eminent domain, was completed while the same were pending, and that the flow of the water of the river was so great as to flood the part of the defendants’ land which was sought to be condemned. The plaintiff did not pay or deposit in court the amount awarded to the defendants, but proceeded with its motion for new trial. The defendants then moved for an order requiring the plaintiff…
2Cases cited2 opinions
- Neale v. Superior CourtCalifornia Supreme Court · 1888
- In re BryanCalifornia Supreme Court · 1884
3Cited by6 opinions
- Hollister v. StateIdaho Supreme Court · 1903
- Gray v. SmithU.S. Circuit Court for the District of Northern California · 1896
- Big Lost River Irrigation Co. v. DavidsonIdaho Supreme Court · 1912
- Glenn County v. JohnstonCalifornia Supreme Court · 1900
- Felton Water Co. v. Superior CourtCalifornia Court of Appeal · 1927
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