Roberts v. Harrison

A petition was filed by Roberts and five others, under section 4760 of the Civil Code, for the removal of a pond of water which had collected upon the lands of W. O. Harrison. The jury returned a verdict finding the pond a nuisance, and the justices of the peace directed the sheriff or his deputy to enter upon the lands “and abate the nuisance complained of, by removing said pond in the most feasible manner.” The defendant carried the case by certiorari to the superior court. There the certiorari was sustained and the judgment of the justices set aside, .on the ground that while, in a sense,…