Emerson v. Bergin
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, from an order dissolving an injunction, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Belcher, C. C.
The court below, on motion of defendants’ attorney, struck out a part of the complaint. The defendants then answered, and upon the issues raised by them the case was tried and judgment entered in their favor. The plaintiff appealed, and in support of his appeal insists that the court erred in striking out a portion of his complaint.
The action was brought to obtain an injunction restraining defendants from diverting from the land of plaintiff the waters of a small stream called Arroyo Permanente, and for damages.
The complaint alleged that for more than twenty years plaintiff had…
2Cases cited5 opinions
- Vassault v. EdwardsCalifornia Supreme Court · 1872
- Cronkhite v. . CronkhiteNew York Court of Appeals · 1884
- Coles v. BowneNew York Court of Chancery · 1844
- Champlin v. ParishNew York Court of Chancery · 1845
- Potter v. MercerCalifornia Supreme Court · 1879
3Cited by15 opinions
- Bradford Investment Co. v. JoostCalifornia Supreme Court · 1897
- Cuthill v. PeabodyCalifornia Court of Appeal · 1912
- Guerra v. PackardCalifornia Court of Appeal · 1965
- County of Los Angeles v. DodgeCalifornia Court of Appeal · 1921
- Smith v. Royal Ins. Co.Court of Appeals for the Ninth Circuit · 1940
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