Hess v. Winder
California Supreme Court
Appeal from the District Court,. Tenth Judicial District, Sierra County. On the 11th day of August, 1864, the plaintiffs commenced an action against the defendants, in the District __ Court, to recover the sum of twenty thousand dollars, for an ’’ alleged trespass upon the plaintiffs’ mining claims in Sierra ^County. The Judge of the District Court, on the 11th day of- August, granted an injunction upon the complaint alone.
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Appeal from the District Court,. Tenth Judicial District, Sierra County. On the 11th day of August, 1864, the plaintiffs commenced an action against the defendants, in the District __ Court, to recover the sum of twenty thousand dollars, for an ’’ alleged trespass upon the plaintiffs’ mining claims in Sierra ^County. The Judge of the District Court, on the 11th day of- August, granted an injunction upon the complaint alone. Thé case was tried, and plaintiffs recovered judgment. This judgment was reversed by the Supreme Court. (See Hess v. Winder, 30 Cal. 349.) After this reversal, and on the…
1Opinion of the Court
By the Court, Rhodes, J.:
' The learned Judge of the Court below was of the opinion that this was a proper case for an injunction, on the ground that the title to the mining ground is in controversy between the parties, and that the property should be preserved pending the litigation—and such is the doctrine repeatedly announced by this Court—but that, as this Court were of opinion that upon the record before them (See 30 Cal. 349) the plaintiffs were not entitled to judgment, an injunction should not now be granted or continued except upon a showing sufficient to have given the plaintiffs a…
2Cases cited1 opinion
- Hess v. WinderCalifornia Supreme Court · 1866
3Cited by11 opinions
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Whalen v. SmithCalifornia Supreme Court · 1912
- Hunt v. SteeseCalifornia Supreme Court · 1888
- City of Oakland v. Superior CourtCalifornia Court of Appeal · 1982
- Concepción Cosme v. MárquezSupreme Court of Puerto Rico · 1936
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