Osborne v. San Diego Land & Town Co.
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA. This was a bill in equity to review and reverse a decree entered in the United States Circuit Court for the Southern District of California in a suit in which Charles D. Lanning, receiver of the San Diego Land and Town Company of Kansas, was complainant, and appellants herein were respondents, and in which the appellee was substituted before decree as complainant in lieu of said…
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APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA. This was a bill in equity to review and reverse a decree entered in the United States Circuit Court for the Southern District of California in a suit in which Charles D. Lanning, receiver of the San Diego Land and Town Company of Kansas, was complainant, and appellants herein were respondents, and in which the appellee was substituted before decree as complainant in lieu of said Lanning. The bill is extremely voluminous, reciting all the pleadings and proceedings in the original suit. The following is…
1Opinion of the CourtJustice McKenna
One of the grounds of demurrer to the bill was that it appeared from the complainants’ own showing that their remedy was by appeal and not by bill of review. It is not pressed with much earnestness here, and is clearly untenable. Whiting v. United States Bank, 13 Pet. 6; Putnam v. Day, 22 Wall. 60; Buffington v. Harvey, 95 U. S. 99; Ensminger v. Powers, 108 U. S. 292; Willamette Iron Bridge Co. v. Hatch, 125 U. S. 1; Story’s Equity Pl. 10th ed. sec. 403 et seq.
The principal contention of the appellants is that the water' rights are easements in the real estate constituting the water system.…
2Cases cited6 opinions
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Willamette Iron Bridge Co. v. HatchSupreme Court of the United States · 1888
- Buffington v. HarveySupreme Court of the United States · 1877
- Ensminger v. PowersSupreme Court of the United States · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- San Diego Land & Town Co. v. JasperSupreme Court of the United States · 1903
- Nelson v. BaileyMassachusetts Supreme Judicial Court · 1939
- Fiske v. DoucetteMassachusetts Supreme Judicial Court · 1910
- Lamb v. California Water & Telephone Co.California Supreme Court · 1942
- Fellows v. City of CharlestonWest Virginia Supreme Court · 1907
11 more not listed; retrieve them via the Exa API.