Aram v. Shallenberger
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Clara. In February, 1869, the plaintiffs sued out a temporary injunction restraining the defendants, their agents, and servants, until the further order of the Court, from obstructing or closing a certain traveled way described in the complaint. The defendants filed a demurrer to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action.
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Appeal from the District Court of the Third Judicial District, County of Santa Clara. In February, 1869, the plaintiffs sued out a temporary injunction restraining the defendants, their agents, and servants, until the further order of the Court, from obstructing or closing a certain traveled way described in the complaint. The defendants filed a demurrer to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled; the defendants were allowed to answer, and after trial of the case the Court ordered that the temporary…
1Concurrence
By Wallace, J., Temple, J., concurring:
The appeal is taken from an order of the District Court entered in the cause. It is claimed by the respondent that the order itself is not the subject of appeal, and that if it were, an appeal has not been properly taken and perfected. It is unnecessary, however, to consider the question as to whether or not the order is the subject of an appeal, as I think the appeal must be dismissed upon the other ground.
The order was made and entered on June 5th, 1871; and on the seventeenth of June a notice of appeal was filed, but had not been served at or before…
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