Imperial Water Co. No. 5 v. Holabird
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Southern Division of the Southern District of California. Suit in equity by W. H. Holabird,'as receiver of the California Development Company, and the California Development Company, against the Imperial Water Company No. 5, for cancellation of a written instrument. Decree for complainants, and defendant appeals.
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Appeal from the Circuit Court of the United States for the Southern Division of the Southern District of California. Suit in equity by W. H. Holabird,'as receiver of the California Development Company, and the California Development Company, against the Imperial Water Company No. 5, for cancellation of a written instrument. Decree for complainants, and defendant appeals. The California Development Company, the complainant in this action, is a corporation organized and incorporated under the laws of the state of New Jersey on the 23d day of April. 1896, with a capital stock of $1,250,000,…
1DissentGilbert, Circuit Judge
The decision of the case in the court below was based upon the construction placed by the Supreme Court of California upon the state Constitution of 1879 and *19the statutes of the state passed pursuant thereto as expressed in the leading case of Fresno Canal & Irrigation Co. v. Park, 129 Cal. 437, 62 Pac. 87, and as recognized by this court in San Diego Flume Co. v. Souther, 90 Fed. 164, 32 C. C. A. 548, and Id., 104 Fed. 706, 44 C. C. A. 143. I am unable to agree that the court below erred therein or in reaching the conclusion that the decision in Fresno Canal & Irrigation Co. v. Park has not…
2Cases cited5 opinions
- Leavitt v. Lassen Irrigation Co.California Supreme Court · 1909
- Fresno Canal & Irrigation Co. v. ParkCalifornia Supreme Court · 1900
- San Diego Flume Co. v. SoutherCourt of Appeals for the Ninth Circuit · 1898
- San Diego Flume Co. v. SoutherCourt of Appeals for the Ninth Circuit · 1900
- Lassen Irrigation Co. v. LongCalifornia Supreme Court · 1909