Crandall v. Woods
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The plaintiff filed his bill praying for an injunction to restrain the defendants from using or diverting the waters of certain springs, to the exclusive use of which plaintiff avers that he is entitled by possession, etc., and praying for judgment for damages. One defendant answered, denying all the material allegations of the bill.
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Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The plaintiff filed his bill praying for an injunction to restrain the defendants from using or diverting the waters of certain springs, to the exclusive use of which plaintiff avers that he is entitled by possession, etc., and praying for judgment for damages. One defendant answered, denying all the material allegations of the bill. The other defendants denied all the allegations, except as to plaintiff’s title to the springs, to which they answer disclaiming any right or claim therein or thereto. On return…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray and Mr. Justice Terry concurred.
When the county judge exercises the power given him by statute of granting an injunction upon a bill filed in the District Court, his act is auxiliary to the jurisdiction of that Court, and must have the same force *452and efficacy for all purposes as if it were the direct act of the latter. Such an order may therefore be appealed from, in the same manner as if made by the District Court.
The appeal in this case being well taken, it is conceded that the answer denies all the…
2Cited by7 opinions
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