Smith v. Talbot
California Supreme Court
Appeal from a judgment of the Superior Court of Tulare County, and from an order refusing to set aside the judgment. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
This action was brought by a road overseer to recover a penalty of ten dollars for each day upon which the defendant was alleged to have violated the statute in maintaining an encroachment upon a public highway, and to cause a removal thereof. Judgment was given against the defendant, that the encroachment complained of be removed, and that he pay the sum of $1,680 as penalty in maintaining it for 168 days after legal notice to remove it. From that, and an order denying a new trial, the defendant has appealed.
He claims that the complaint does not state facts sufficient to constitute…
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