Kidd v. Laird
California Supreme Court
Appeal from the Fourteenth District. The case is probably sufficiently stated in the opinion of the Court. But as the testimony is voluminous and conflicting, and as the verdict was general “ for defendants,” and as it is important that these mining cases should be as fully reported as possible, it is deemed best to insert the facts claimed to be the result of the testimony by each party. Facts as claimed by Appellants.
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Appeal from the Fourteenth District. The case is probably sufficiently stated in the opinion of the Court. But as the testimony is voluminous and conflicting, and as the verdict was general “ for defendants,” and as it is important that these mining cases should be as fully reported as possible, it is deemed best to insert the facts claimed to be the result of the testimony by each party. Facts as claimed by Appellants. By the evidence contained in the record, we think the folowing facts are conclusively established, viz:—1st. The Deer creek and Coyote ditches have the advantage of priority…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
The objection to the authentication of the statement on the motion for a new trial, is not well taken. The statement is signed by the Judge, and the minutes of the Court show that it was used on the hearing of the motion. No mode of authentication is pointed out by the statute, and any satisfactory evidence that the statement has been examined and approved by the Judge, is sufficient. This evidence, must, of course, appear in the record, in some legitimate and proper form.
This is an action to recover damages for the diversion of water from Deer creek,…
2Cases cited2 opinions
- Burt v. SternburghNew York Supreme Court · 1825
- Lonsdale v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1821
3Cited by39 opinions
- State Water Resources Control Board CasesCalifornia Court of Appeal · 2006
- People v. FrankCalifornia Supreme Court · 1865
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Casitas Municipal Water District v. United StatesCourt of Appeals for the Federal Circuit · 2013
- Thayer v. California Development Co.California Supreme Court · 1912
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