McDonald v. Bear River & Auburn Water & Mining Co.
California Supreme Court
Appeal from the Tenth District. To the facts stated in the opinion, add, that the answer in the original action (13 Cal. 220) was general denial, want of jurisdiction, and Statute of Limitations. • The Judge below first granted a rule to show cause why an injunction should not issue as prayed for. On the return day of the rule, defendants demurred to the complaint, on the ground, among others, that it did not state facts sufficient to constitute a cause of action.
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Appeal from the Tenth District. To the facts stated in the opinion, add, that the answer in the original action (13 Cal. 220) was general denial, want of jurisdiction, and Statute of Limitations. • The Judge below first granted a rule to show cause why an injunction should not issue as prayed for. On the return day of the rule, defendants demurred to the complaint, on the ground, among others, that it did not state facts sufficient to constitute a cause of action. The motion for injunction was based on the complaint, and an affidavit as to the fact that the dam and ditch of defendants did…
1Opinion of the CourtCope, J.
Baldwin, J. and Field, C. J. concurring.
This is a suit in equity to enjoin the defendants from diverting a certain quantity of the water of Bear river. The plaintiffs allege that their right to one thousand inches of the water as against the defendants, was adjudicated in a former action. The record in such action is made a part of the complaint. It was alleged in that case that this quantity of the water of the stream had been appropriated by the plaintiffs for mill purposes, that such quantity was necessary for their use, and that the defendants had diverted the same to their damage, etc.…
2Cases cited2 opinions
- Champlin v. RowleyNew York Supreme Court · 1837
- Mallett v. FoxcroftU.S. Circuit Court for the District of Maine · 1841
3Cited by8 opinions
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Glenn v. SavageOregon Supreme Court · 1887
- Caperton v. SchmidtCalifornia Supreme Court · 1864
- Lillis v. Emigrant Ditch Co.California Supreme Court · 1892
- Fajardo Development Co. v. Sucesión MorfiSupreme Court of Puerto Rico · 1911
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