Hess v. Winder
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Sierra County. Plaintiffs recovered judgment in the Court below, and defendants appealed both from the judgment an.d from an order denying a new trial. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Currey, C. J.:
This action was brought to recover damages for trespass guare clausum fregit, and also to obtain equitable relief by injunction against a continuance of trespasses of the character alleged in the complaint. Upon the issue joined between the parties, the plaintiffs’ right and title to the locus in guo was the main fact litigated. The plaintiffs obtained a verdict for a small sum as damages and a special verdict to the effect that the land described in the complaint embodying the particular locality of the alleged trespass was the property of the plaintiffs at the…
2Cases cited2 opinions
- Coryell v. CainCalifornia Supreme Court · 1860
- Hicks v. ColemanCalifornia Supreme Court · 1864
3Cited by13 opinions
- Holden v. LynnSupreme Court of Oklahoma · 1911
- Harris v. Equator Mining & Smelting Co.U.S. Circuit Court for the District of Colorado · 1881
- Garthe v. HartCalifornia Supreme Court · 1887
- State v. GlyndenSupreme Court of Iowa · 1879
- Hess v. WinderCalifornia Supreme Court · 1867
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