Dowling v. Polack
California Supreme Court
Appeal from the Twelfth District. Suit on an injunction bond. Defendants, Polack and others, claim to be owners of a Mexican grant of the Island of Yerba Buena in the Bay of San Francisco, which grant was confirmed to them by the United States Board of Land Commissioners. An appeal being taken to the United States District Court, the claim was rejected, and is now pending there on motion for rehearing.
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Appeal from the Twelfth District. Suit on an injunction bond. Defendants, Polack and others, claim to be owners of a Mexican grant of the Island of Yerba Buena in the Bay of San Francisco, which grant was confirmed to them by the United States Board of Land Commissioners. An appeal being taken to the United States District Court, the claim was rejected, and is now pending there on motion for rehearing. The island was chiefly valuable for its quarries and timber (the latter has been wholly destroyed). The plaintiffs in this suit were trespassers on the land, and were removing and quarrying the…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
This is an action upon an injunction bond, and the dismissal of the suit in which the injunction was issued amounted to a determination by the Court that the injunction had been improperly granted. The suit was dismissed for want of prosecution, and with respect to the particular case, the judgment of dismissal had the same effect upon the rights of the parties as would have resulted from a judgment upon the merits. It terminated the proceedings, and by its legal operation and effect set aside and discharged the injunction ; it was the final action of…
2Cases cited3 opinions
- Loomis v. BrownNew York Supreme Court · 1853
- Shearman v. New-York Central MillsNew York Supreme Court · 1855
- Gelston v. WhitesidesCalifornia Supreme Court · 1853
3Cited by30 opinions
- Asevado v. OrrCalifornia Supreme Court · 1893
- Minasian v. SapseCalifornia Court of Appeal · 1978
- Lincoln v. Superior Court of L.A. Cty.California Supreme Court · 1943
- Moore v. Maryland Casualty Co.California Court of Appeal · 1929
- Associated Oil Co. v. MullinCalifornia Court of Appeal · 1930
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