Spencer Creek Water Co. v. Vallejo
California Supreme Court
Appeal from a final order and judgment of the County Judge of Napa County. The plaintiff was a corporation, organized for the purpose of supplying Napa City and the inhabitants thereof, and the inhabitants of other towns and places in Napa County, with pure fresh water; and, on the 27th day of October, 1871, filed a petition with the County Judge of Napa County, praying for the condemnation of the waters of Tulucay, or Spencer Creek, and the right of way over the lands of…
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Appeal from a final order and judgment of the County Judge of Napa County. The plaintiff was a corporation, organized for the purpose of supplying Napa City and the inhabitants thereof, and the inhabitants of other towns and places in Napa County, with pure fresh water; and, on the 27th day of October, 1871, filed a petition with the County Judge of Napa County, praying for the condemnation of the waters of Tulucay, or Spencer Creek, and the right of way over the lands of the defendants for conducting the water. Such proceedings were had that commissioners were appointed by the County Judge…
1Opinion of the Court
By the Court, Rhodes, J.:
This proceeding was instituted under the Act of April 22d, 1858 (the Act for the incorporation of water companies), for the purpose of acquiring the right to appropriate the waters of Spencer Creek, and the right of way for the conveyance of the waters, etc. It was commenced before the County Judge of Napa County, and was heard before and determined by him. It is urged by the defendants that the County Judge had no jurisdiction in the matter— that the Act of 1858, in so far as it attempts to confer • authority upon the County Judges to hear and determine such…
2Cases cited1 opinion
- Appeal of S. O. HoughtonCalifornia Supreme Court · 1871
3Cited by5 opinions
- In re the Estate of StevensCalifornia Supreme Court · 1890
- Carter v. GearHawaii Supreme Court · 1904
- Chase v. MillerSupreme Court of Virginia · 1892
- Chollar Mining Co. v. WilsonCalifornia Supreme Court · 1885
- Pressley v. LambIndiana Supreme Court · 1886