Coburn v. Pacific Lumber & Mill Co.
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Mateo. The defendant is a corporation owning a franchise to construct and maintain a wharf and chute at Pigeon Point, San Mateo County. In June, 1872, it commenced proceedings for the condemnation of lands adjoining its wharf, alleged to be necessary to carry on its business and connect its wharf and chute with the most convenient highway.
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Appeal from the District Court of the Twelfth Judicial District, County of San Mateo. The defendant is a corporation owning a franchise to construct and maintain a wharf and chute at Pigeon Point, San Mateo County. In June, 1872, it commenced proceedings for the condemnation of lands adjoining its wharf, alleged to be necessary to carry on its business and connect its wharf and chute with the most convenient highway. On ex parte application to the Judge of the Court it obtained an order authorizing it to take possession of the land and use it during the pendency of the proceedings, giving a…
1Opinion of the Court
By the Court:
Under the statute orders made without notice may be set aside without notice. If the Judge, at chambers, could make the order of September twenty-seventh—a point we do not decide—then he could set it aside at chambers. If the last order was void, then the first was void for the same reason.
Judgment affirmed.
2Cited by3 opinions
- Alpers v. BlissCalifornia Supreme Court · 1904
- Hull v. Chicago Burlington & Quincy RailroadNebraska Supreme Court · 1887
- Ryan v. McKinleyCalifornia Court of Appeal · 1932