Jones v. Sanders

The Court.

This action was brought in the superior court of the city and county of San Francisco, and the question involved was whether the plaintiff had a right to maintain a certain sewer across a lot owned by the defendant in that city. The case was tried before the late Judge Hoge, and the findings and judgment were in favor of the defendant. The plaintiff moved for a new trial upon the ground that the findings were not justified by the evidence, but before the motion was heard Judge Hoge died. Afterwards the motion was heard by another judge of the court and granted, and from that order…