Burris v. Rodrigues
California Court of Appeal
APPEAL from a judgment of the Superior Court of Kings County and .from an order refusing a new trial. John G. Covert, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
The action was for an injunction to restrain defendant from running water in a ditch for irrigation purposes over plaintiff’s land. Defendant appealed from the judgment against him, and from the order denying his motion for a new trial.
The first point made by appellant is that the complaint does not state a cause of action for injunction, there being no facts set out showing irreparable damage and “no statement to the effect that the acts of defendant unless restrained will ripen into a right or easement by lapse of time.” In support of his contention, appellant cites California Navigation…
2Cases cited9 opinions
- Thomas v. EnglandCalifornia Supreme Court · 1886
- Willis v. LauridsonCalifornia Supreme Court · 1911
- Richards v. DowerCalifornia Supreme Court · 1883
- Mendelson v. McCabeCalifornia Supreme Court · 1904
- Schaufele v. DoyleCalifornia Supreme Court · 1890
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3Cited by2 opinions
- O'BANION v. BorbaCalifornia Supreme Court · 1948
- Union Oil Co. v. DomengeauxCalifornia Court of Appeal · 1939