Rogers v. Tennant
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Clara. The complaint filed in the District Court sets out that in October, 1868, a final decree of partition was made, dividing the Rancho Santa Teresa among various alleged tenants in oommon; that in May, 1868, one Castro, who had not been made a party to the partition proceeding, brought an action of ejectment for the recovery of an undivided one fifty-fifth interest in the ranch; that the…
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Appeal from the District Court of the Third Judicial District, County of Santa Clara. The complaint filed in the District Court sets out that in October, 1868, a final decree of partition was made, dividing the Rancho Santa Teresa among various alleged tenants in oommon; that in May, 1868, one Castro, who had not been made a party to the partition proceeding, brought an action of ejectment for the recovery of an undivided one fifty-fifth interest in the ranch; that the judgment below was against Castro, but upon appeal to the Supreme Court that judgment was reversed and Castro’s interest was…
1Opinion of the Court
By the Court:
The injunction granted by the County Judge in the first instance upon the complaint was dissolved by the District Court upon the coming in of the answers of the defendants, which denied in detail the allegations of the complaint. *186From the order dissolving the injunction the plaintiffs appeal. The dissolution or continuance of the injunction in the face of the answers filed was largely a matter of discretion in the Court below at the hearing, and upon looldng into the pleadings we cannot, under the recognized rule applicable to such cases, disturb the order. We are urged to…
2Cited by12 opinions
- People v. GarrowCalifornia Court of Appeal · 1955
- Porters Bar Dredging Co. v. BeaudryCalifornia Court of Appeal · 1911
- Schwartz v. ArataCalifornia Court of Appeal · 1920
- Tiede v. SchneidtWisconsin Supreme Court · 1898
- Blue Bird Mining Co. v. MurrayMontana Supreme Court · 1890
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