Court CasesDockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter. 20,326,509 Cases on record 546,498 Filed in the past 12 months Courts 18,195 Views of the top 100 this month Plain English translations Recent Court Filings Loading Map...
United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
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The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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16
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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18
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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23
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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36
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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41
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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47
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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75
This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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80
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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81
This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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84
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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92
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
Cases by the year they were filed, back to the first federal dockets of the 1790s. 2020s
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All reporters › cal-lexis › Volume 1886 Opinions in cal-lexis, volume 1886
Hagely v. Hagely Page 436 — This is an action of ejectment, to recover land situate in the county of Napa.… Glenn v. Saxton Page 437 — Glenn, Trustee, v. Williams, 60 Md. 93, was an action similar to the present one, and it is insisted by the appellant’s counsel that every point involved on this appeal was decided in appellant’s favor by the Court of Appeals of Maryland in the case there.… People v. Toon Page 439 — The information in this case charges the defendant with “the crime of assault with the intent to commit murder, committed as follows: The said Ah Toon ....… Craig v. Fry Page 440 — This was an action brought by Joseph Craig against J.… California Beet Sugar Co. v. Porter Page 441 — The object of the action in hand is the annulment of a judgment, an" execution sale thereunder, and a certificate of purchase of real property levied on and sold under the judgment and execution.… Graham v. Stewart Page 442 — The appeal taken by defendant in this case is from a decree of foreclosure and an order denying a motion for a new trial.… Wickersham v. Denman Page 444 — This was an action to recover the sum of $4,496, awarded to the plaintiff’s assignor, as fees due him for services rendered in an action of partition pending in the court of which he was clerk at the time of the rendition of the services.… Cameron v. City Page 445 — This is an action for damages alleged to have accrued to plaintiff’s bakery by reason of sewage flowing upon the premises surrounding her house, and into the basement of the bakery.… — This is an application by a beneficial association for leave to disincorporate.… Moore v. Moore Page 447 — This is an appeal from an order of the Probate Court refusing to remove an administrator.… Painter v. Estate Painter Page 448 — The plaintiff, at the time of the death of the decedent, Jerome B.… Wiggin v. Superior Court Page 449 — This is an application for a writ of prohibition against the judge of the Superior Court *399(Department 9) in and for the city and county of San Francisco, commanding him to desist from further proceedings in the matter of the estate of Hannah Murphy, deceased, upon the ground that the threatened action of said… Montgomery v. Superior Court Page 452 — This is an application for a writ of certiorari to review a judgment of the Superior Court of the county of Yolo.… In re Kurtz Page 453 — The petitioner was indicted for the crime of maintaining a public nuisance by causing and suffer*413ing great quantities of offensive and stinking filth, water, and substance, solid and liquid, to collect, stagnate, ferment, and be mixed together, and remain and run into a certain flume and ditch and sewer in the… Fowler v. Sutherland Page 455 — This is an action to enforce the specific performance of an alleged verbal contract for the sale of certain lands in the county of Fresno, on the ground of part performance.… M. Cerf v. Otis Ashley Page 456 —■ The action is to foreclose a mortgage, executed May 13, 1878, by Otis and Sarah A.… Wharton v. Harlan Page 457 — This is an appeal from an order setting aside the defaults entered against certain of the defendants by the clerk of the Superior Court, for failure to answer.… Fanning v. Schammel Page 458 — Action to foreclose a street assessment lien for street work alleged to have been done under a contract for grading Montgomery Avenue in the city and county of San Francisco.… — Appeal from a judgment of nonsuit in an action upon a policy of insurance.… People v. Sheldon Page 460 — This is an appeal from a final judgment of conviction of the crime of injuring a public jail, and from an order denying a new trial.… People Ex rel Bryant v. Holladay Page 461 — This action was instituted at the relation of A.… McDonald v. Burton Page 462 — This is a suit by Gr. W. B. McDonald, administrator of the estate of Henry S.… Oakland Bank of Savings v. Murfey Page 463 — This is an action to recover damages upon the bond of defendant Murfey, as a notary public.… Osment v. Mcelrath Page 464 — In July, 1869, the plaintiff and defendant entered into partnership as attorneys and counsel*467lors at law, and took an office in the city of San Francisco.… Cushing v. Keslar Page 465 — A contest havihgiariAn: in the land-office Of: rfchúÁmiversity of the state' 'b’étwéettH'wo opposing applfcaiftsido locate and puréhas&;"á-:ir"aMí'of land in MontereylG.ounty, described as.-jthé.-nós'th'éast quarter of the northeast quarter of section ■- Ó/.dnyfjwnship 18 south, fange’ lveast, Mount.… Avila v. MeHerin Page 466 — This action was commenced in the county of San Luis Obispo, and .the appeal is from an order refusing to change the place of trial to the city and county of San Francisco.… Byrne v. Alas Page 467 — This is an appeal from an order vacating a default.… Eads v. Clarke Page 468 — Eads, the plaintiff, instituted this action to determine whether he or defendant Clarke was entitled to purchase certain lands of the state of California.… Burton v. Todd Page 469 — This is an appeal from an order of the Superior Court made after final judgment, dismissing and refusing to settle a statement on motion for a new trial.… Culbertson v. KinEvan Page 470 — This action was commenced in a Justices’ Court to recover a penalty for collecting $1.50 for toll, which was alleged in the complaint to be more toll than the defendant was authorized to collect.… Baldwin v. Ellis Page 472 —The plaintiff instituted this action with the object in view of recovering a sum of money alleged to have been illegally exacted from him, as taxes, by the defendant as tax collector of Los Angeles County.… People v. More Page 473 — On the ninth day of August, 1884, the district attorney filed in the Superior Court of Santa Barbara County, the following information against the defendant:— [Title of Court.] “The People of the State of California v. Alexander P.… Gavitt v. Mohr Page 475 — This action was brought to have determined which of two applicants had the right to purchase from the state a tract of agricultural land situate in Los Angeles County, and known as the north half of section 36, township 6 north, range 12 west, San Bernardino meridian lines.… Redwood City v. Grimmenstein Page 476 — Action against principal and sureties on the official bond of defendant Grimmenstein.… Redwood City v. Grimmenstein Page 477 — The questions to be decided in this case have all been determined adversely to respondent in appeal of same title, No. 8642, ante, p.… Brown v. Mann Page 478 — The motion to dismiss the appeal herein is not well taken, and should be denied.… McCabe v. McCabe Page 479 — The paper offered for probate as a will was written by a scribe under the direction of the deceased; the paper was signed by the deceased, and at her request and in her presence the scribe signed it as a witness; no other person was present at the time of this signing, and the name of no other person as a witness… Lamet v. Miller Page 480 — On the 4th of August, 1885, respondent’s attorney served on the attorney of appellants notice that he would, on the 15th of August, move to dismiss the ap*522peal taken in this case, on the ground that no transcript had been filed within the time prescribed by the rules of the court.… Harlan v. Ely Page 481 — This is an action upon a promissory note dated October 31, 1877, made by defendant and one D.… Murphy v. Bennett Page 482 — This is an appeal by the plaintiff from a judgment in favor of the defendant, and it comes here on the judgment roll.… Gilson v. Robinson Page 483 This is an action to determine a con- . test as to which of the parties has the better right to *540purchase from the state the southeast quarter of a certain thirty-sixth section of land in Monterey County.… Chase v. Whitmore Page 484 — This is an action to recover the value of a promissory note,, alleged to have been wrongfully converted by the defendant.… People v. Edson Page 485 — Edson, the defendant, appeals from a judgment of conviction of bribery, and from an order denying him a new trial.… — This is an action to recover taxes assessed for the year 1883, upon the defendant’s railroad, situated in Marin and Sonoma counties.… Brook v. Horton Page 487 — In 1855 an ordinance was passed by the common council of the city of San Francisco, which made it the duty of the city surveyor, acting in conjunction with three commissioners, to be appointed for the purpose, “ to furnish by way of recommendation to the common council, within one month from the date of their… Klumpke v. George H. Baker Page 488 — The appellant, Klumpke, instituted this action- to quiet the title to land which he had bought at tax sale.… Dillon v. Center Page 489 — This is an action of ejectment to recover possession of lot 1 of the northwest quarter, and lots 2 and 3 of the northeast quarter, of a certain section of land in Santa Clara County.… McGurren v. Thomas Garrity Page 490 — It is alleged in the complaint that the plaintiff, Ellen McGurren, had a judgment for $2,261.50 against the defendant, Thomas Garrity, and that Garrity had a note for five hundred dollars and interest, made by defendants Myles and Mary Swift, and secured by a mortgage on their real property; that an execution was… Barnes v. Marshall Page 491 — An action for the removal of a nuisance, and for a perpetual injunction against the erecting or maintaining thereof.… Pfister v. Dascey Page 492 — This is an action of ejectment to recover some forty-five acres of land in Santa Clara County.… Grimley v. County of Santa Clara Page 493 — The plaintiff sued the county of Santa Clara to recover a sum of money alleged to have been “illegally and erroneously” collected for license taxes paid by him.… People v. Mccurdy Page 494 — The defendant was accused by information of the murder of one Charles W.… People v. De Witt Page 495 — The defendant was accused of murder, and convicted of it in the first degree.… Hagle v. Hagle Page 496 — The plaintiff sought a divorce from her husband, the defendant.… Wilson v. Atkinson Page 497 — The deed of the tax collector conveyed no title.… Thompson v. Doaksum Page 498 — Action to quiet title to a tract of land in Plumas County.… Kirby v. Superior Court Page 500 — Application for a writ of prohibition.… Bishop v. Fulkerth Page 501 — Action of claim and delivery. The defendant appeals from that part of the judgment awarding ten bags of wool to the plaintiff; the latter appeals from that part which adjudges twenty bags of wool to the defendant.… Peasley v. Mcfadden Page 502 — This is an action of ejectment to recover the possession of a small lot of land in El Dorado County.… Lucas v. Richardson Page 503 — This is an action of ejectment by plaintiff as the heir and devisee of George 0.… People v. Bush Page 504 — The defendant was tried upon an information for murder; he was- found guilty by the jury of that crime in the first degree.… Matthews v. Superior Court Page 506 — Application for a writ of review. The cause of Coughran v. Matthews, the applicant for the writ here, was appealed by Matthews to the Superior Court of the county of Marin, from a judgment rendered in a Justices’ Court, and the Hon.… Horton v. Dominguez Page 507 — The motion to dismiss the appeal is denied.… — The complaint herein does not entirely fail to aver such negligence or want of ordinary care as would make the defendant liable in its capacity of warehouseman.… People v. Knapp Page 509 This is an appeal by the defendant, who was found guilty in the Superior Court of murder of the second degree.… Flournoy v. Van Campen Page 511 The complaint counts upon a contract alleged to have been made by defendant with plaintiff, for the rendition of the services of the latter, and is sufficient.… People v. Salvador Page 512 Under and by virtue of an act approved March 20, 1872 (Stats.… People v. Bolanger Page 513 The defendant, jointly indicted with William Bacon and Fielding Bacon for the larceny of certain hogs, was tried separately.… Watkins v. Lynch Page 514 This is an action in ejectment for a part of what was once used as a public highway, and, as alleged, had been abandoned by the public for more than five years.… Schenck v. Hartford Fire Insurance Page 515 This was an action upon a fire insurance policy.… Watrous v. Cunningham Page 516 This was an action-of claim and delivery for certain hogs.… Bailey v. Dale Page 517 This action was brought by the plaintiff as road overseer of a road district in Stanislaus County, to abate a nuisance caused by the obstruction of a public highway in his district, and to recover the sum *36óf ten dollars for every day the nuisance remained after notice to remove it.… Berniaud v. Beecher Page 518 This is an action to quiet the plaintiff’s title to the west half of a block of land in the city of Stockton.… Colnon v. Orr Page 519 E. L. Colnon preferred his petition, and made affidavit thereto, to the Superior Court of San Joaquin County, for a writ of mandate to compel de*44fendant to allow him to inspect a document which, it is alleged, is a part of the records of the defendant’s public office as treasurer and secretary of the Stockton Insane… Taylor v. Terry Page 520 This is an action for unlawful detainer. The plaintiff recovered judgment, from which the defendant appealed, and the case comes here on the judgment roll.… People v. Giacamella Page 521 The defendant was accused of the crime of an attempt to commit arson, the information alleging that the “ defendant did in the night-time of said day willfully, maliciously, and feloniously attempt to burn, with intent then and there to destroy, a building,” the property of, etc.… Heath v. Wallace Page 522 This is an action to recover possession of the northwest quarter of section 23, in township 3 north, range 7 east, Mount Diablo meridian.… Kripp v. Curtis Page 523 This is an action to recover damages for the obstruction of a private road, and to remove and abate such obstructions as a private nuisance.… Sherman v. Finch Page 524 This action was brought for the alleged conversion of certain personal property.… People v. Hulbert Page 525 In December, 1870, an assessment for reclamation purposes was levied upon the lands situate in reclamation district number 108, and on the *73fifth day of May, 1871, it became delinquent.… In re the Estate of Baldwin Page 526 John Baldwin was a farmer, and was adjudged an insolvent debtor, under the provisions of the Insolvent Act of 1880.… People v. Lee Wah Page 527 The defendant was accused of a misdemeanor in that he did willfully and unlawfully engage in the practice of medicine without having procured a certificate as provided by the act of April 3, 1876 (Statutes *811875-76, p.… Hogan v. Central Pacific Railroad Page 528 This is an action by the plaintiff, the owner of a house and lot, situate upon Sacramento Street, *84Stockton, to recover damages, to abate as a nuisance, and enjoin defendant from maintaining, an embankment and railway track upon and along said Sacramento Street.… Perkins v. Ralls Page 529 The plaintiff instituted an action against the defendants — a tax assessor and his sureties—on his official bond, for the sum of $132 damages, which he alleged he had suffered by reason of a wrongful and fraud*88ulent assessment made by Ralls, one-of the defendants.… Jones v. Jones Page 530 This is an action for malicious prosecution.… Lodtman v. Schluter Page 531 This action was dismissed by the court below for want of prosecution upon the motion of two of the defendants, Barnett and Burt.… Austin v. Andrews Page 532 This is an action of ejectment to recover possession of a small piece of land situate in San Joaquin County.… Corcoran v. Desmond Page 533 This is a motion to dismiss an appeal from a final judgment and from an order denying a motion made after judgment to vacate and set aside the judgment aforesaid.… Wingerter v. Wingerter Page 534 This action was commenced in August, 1883, to obtain a decree that the defendant held the title to certain real property described in the complaint, in trust for the plaintiff, and that he be required to account for its rents and profits.… In re Lukes Page 535 The motion to dismiss the appeal has been heretofore denied.… White v. Douglass Page 536 This was an action to determine a contest about the right to purchase a parcel of land as a portion of the one hundred and fifty thousand acres of land granted to the state for the use of an agricultural college.… Action to condemn land for a right of way for a railroad.… Scroufe v. Clay Page 538 Action on a promissory note. The complaint averred that the defendant “ has refused and still refuses to pay ” the principal or interest of the note, or any part thereof, and “ that there is now due ” the sum, etc.… Croghan v. Spence Page 539 There was no evidence of an actual adverse possession by defendant of any part of the premises described in the complaint.… Wheeler v. West Page 540 This is an action to perpetually enjoin defendants from extracting and removing gold from the mining claim of plaintiffs, situate in the county of Placer.… Ely v. Yore Page 541 The appeal in this case is from an order denying a motion for a new trial, and from judgment which awarded to the plaintiff restitution of a tract of land described in the complaint' in the action, three hundred dollars damages for a forcible entry on the land, and costs of suit.… Packer v. Bird Page 542 In this action the controversy relates to an island in the Sacramento River, in that portion of the river which is a navigable stream.… Hambleton v. Duhain Page 543 This was an action to quiet title to certain lands which the plaintiff claimed to have acquired, mediately through various conveyances, from the state of California, by its patent.… Snow v. Holmes Page 544 Action upon a promissory note and to foreclose a chattel mortgage.… Tait v. Hall Page 545 This is an action to restrain the defendant, as road overseer of Tehama road district, in the county of Tehama, from opening a road for public use across the land of plaintiff.… City of San Francisco v. Heynemann Page 546 The respondent, Heynemann, became surety on the official bond of Alexander Austin as tax collector of the city and county of San Francisco for the two years commencing the first Monday of December, 1870, and ending the first Monday of December, 1872, when Austin’s term of office expired.… Harnish v. Bramer Page 547 This is an action for a decree enjoining the defendants from enforcing against the plaintiffs a judgment obtained in a Justice’s Court in and for Alisal township, county of Monterey, in favor of defendant J.… Pike v. Brittan Page 548 This is an appeal from an order granting the plaintiffs a new trial.… Mitchell v. Clarke Page 549 In Hadley v. Baxendale, 9 Exch. 341, it was laid down that the damages which one party to a contract ought to receive in respect to a breach of it by another are such as arise “naturally ”—that is, in the usual course of things —from the breach itself, or such as may reasonably be supposed to have been contemplated by… Breeze v. Brooks Page 550 This cause was heard before Department Two of this court, and an opinion rendered January 27, 1886.… Reynolds v. Lincoln Page 551 There was no error in excluding the sheriff’s deed to Milliken.… Brown v. Mann Page 552 Foreclosure. The note and mortgage were dated May 4, 1870, payable in one year, to wit, May 4, 1871.… People v. McDowell Page 553 The defendant is entitled to a new trial.… People v. Carolan Page 554 The defendant was indicted, under section 72 of the Penal Code, for presenting to the board of supervisors for allowance a false and fraudulent claim, and was convicted.… Wallace v. Ah Sam Page 555 On the first day of April, 1881, William S.… Ex parte Thomas Page 556 This case involves the constitutionality of section 14 of an ordinance passed by the board of supervisors of Alameda County.… County of San Mateo v. Maloney Page 557 This was an action against the defendant Maloney, as assessor of San Mateo County, and the sureties upon his official bond to recover the sum of $638, which, it is alleged, he collected as taxes for the county, and instead of paying the same over to the county treasurer, as it was his duty to do, he converted the same… McKenzie v. Brandon Page 558 In June, 1876, the defendant Brandon made application to purchase from the state the west half of a certain thirty-sixth section of land in El Dorado County.… Ex parte Schmidt Page 559 A person had been indicted for an offense, and that person moved the court, under section 995, Penal Code, to set aside the indictment on the ground that the names of all the witnesses examined before the grand jury had not been inserted at the foot of *213the indictment or indorsed thereon.… Hilliker v. Kuhn Page 560 Hilliker brought an action against Kuhn, as constable, claiming that the latter was unlawfully *215about to sell under execution, upon judgments obtained against one Locke, certain property which the plaintiff claimed to have had in the possession of a pledge-holder, to secure an indebtedness due from Locke to him… This is an action to recover damages for the unlawful taking and conversion of certain horses, mules, and colts.… Shepherd v. Jones Page 562 This is an action upon a promissory note given for the purchase of stock in a mining company, and the appeal is from a judgment entered against the defendant, and from an order denying his motion for a new trial.… Wilson v. Sturgis Page 563 This is an action to recover the sum of $846, as commissions, alleged to be due plaintiffs, co-partners, as real estate brokers, upon the sale of defendant’s ranch situate in Contra Costa County.… McLaughlin v. Del Re Page 564 The complaint in this action alleged that the plaintiff, being the owner of a certain placer mining claim, appropriated for the purpose of working the same the waters of a certain creek or gulch, by means of a ditch and flumes, and that while in the use and possession of said ditch, the defendants began mining by the… Ashe v. Board of Supervisors Page 565 motion to quash the writ of review heretofore issued in this proceeding must be granted.… Ex parte Zeehandelaar Page 566 The code requires the person on whom a writ of habeas corpus is served to make a return thereto; and if the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof must be annexed to the return.… For the reasons stated in the opinion of Department Two, judgment reversed, with directions to the court below to enter a judgment for the defendant.… Stanford v. Felt Page 568 By the common law of England, the right of the riparian proprietor to the flow of a stream is inseparably annexed to the soil and passes with it, not as an easement or appurtenance, but as part and parcel of it.… Riddell v. Harrell Page 569 The court below sustained the defendant’s demurrer to the complaint, which is as follows:— “The plaintiff complains and alleges:— “ 1.… People v. Stokes Page 570 The defendant was found guilty of the misdemeanor defined in the first section of “ An act to punish adultery,” which reads: “ Every person who lives in a state of open and notorious cohabitation and adultery is guilty of a misdemeanor, and is punishable,” etc.… The clerk had no authority to enter the judgment for costs while a motion to retax was pending.… Ex parte Casey Page 572 Mrs. Ellen Casey, the petitioner, is in possession of a sum of money which the executor of a certain Mrs. Zephyr claimed as belonging to the estate of his decedent.… Levins v. Rovegno Page 573 Action of ejectment to recover possession of the undivided one half of a portion of fifty-vara lot IsTo.… In re the Estate of Phillips Page 574 Margaret Phillips died on the twelfth day of December, 1882, leaving a will, which was probated, and an administrator with the will annexed appointed.… Gilbert v. Sleeper Page 575 This is an action to recover possession of 17.67 acres of land.… Heinlen v. Beans Page 576 In an action for specific performance, brought by John Heinlen against Calvin Martin and Wayne B.… Estate of Crowey v. Crowey Page 577 The appeal is from a judgment confirming the report of appraisers, setting apart a homestead, and was taken within sixty days.… Schwartz v. Cowell Page 578 1. The plaintiff derived no title through the attempted attachment in the action of Steen v. Brown.… Bates v. Bates Page 579 The record brought here contains no matter which would justify the reversal of the final judgment.… This is an application of the board of commissioners of the Funded Debt Sinking Fund to compel the board of trustees of Sacramento city, by mandate, to levy a certain tax which is ordered to be levied by an act of the legislature passed in 1872.… Harris v. Harris Page 581 In this action for divorce, the plaintiff claims a moiety of the land patented to the defendant, on the ground that the money paid for the government title belonged to the community.… Mosely v. Torrence Page 582 This action was commenced to determine a contest between the parties about the right to purchase from the state a part of a sixteenth section of *320land in Sonoma County.… Stuttmeister v. Superior Court Page 583 This is an application by W. O. Stuttmeister, as administrator with the will annexed of the estate of F.… Tipton v. Martin Page 584 It appears from the record in this case that defendant Martin, as the sheriff of Tehama County, had levied on a parcel of land as the property of the plaintiff John C.… Grant v. De Lamori Page 585 Motion to dismiss appeal. The forty days within which to file the transcript expired on the 17th of June, 1886.… Larkin v. Larkin Page 586 — This is an appeal from an order made after final judgment in an action of divorce; The judgment was in.-favor.of.the plaintiff, and the defendant appealed from it and the order denying her.… Hitchcock v. Hassett Page 587 This is an action to recover possession of personal property.… Emerson v. Bergin Page 588 This action was commenced to obtain á perpetual" injunction restraining the defendant from obstructing the flow of water into a pipe leading from a distributing cistern on land owned and occupied by the wife of defendant to land owned and Occupied by plaintiff.… Tully v. Tully Page 589 I dissent. It was held in Olney v. Sawyer, 54 Cal.… The court below found, “the leased premises in the complaint described have, since the first day of April, 1880, been used in good faith continuously for the usual and ordinary business of a ferry to and from the city and county of San Francisco, and for no period *351since the first day of April, 1880, were the… People v. Lavelle Page 591 The defendant was accused, by information, of the crime of an assault with an intent to commit murder.… In re Tyler Page 592 This is an application for the disbarment of George W.… Roche v. Ware Page 593 Plaintiff’s books of account were admitted in evidence over the objection of defendant that they were not sufficiently proved, The only evidence on which the books were admitted consisted of testimony of the wife of plaintiff, which tended to prove that the plaintiff had no clerk; that entries were made in original… Warren v. Robinson Page 594 The complaint alleges the defendants to be husband and wife, and that the services rendered and materials furnished (the value of which is sued for) were rendered at the special instance and request of defendants, upon and furnished for a building, the separate property of the wife; that the defendants promised to pay… Gross v. Superior Court Page 595 Petitioner commenced an action in the Justice’s Court of San Francisco, against John S.… People v. Johnson Page 596 The information charges, if it charges any offense, embezzlement, and the verdict was guilty as charged.… Brown v. Weldon Page 597 The complaint is inartificially and loosely drawn.… People v. McCoy Page 598 The defendant in this case, having been convicted of the crime of manslaughter, appealed from the judgment of conviction, and from an order denying his motion for a new trial.… Schroder v. Schmidt Page 599 Respondent moves to have the appeals from the judgment and the order denying the motion for a new trial dismissed on the ground that the appeals were taken before the judgment was entered.… Babcock v. Welsh Page 600 This action is brought by plaintiff as owner in fee and in the actual possession of a tract of inclosed land in Butte County, to enjoin the defendant from taking down his inclosure and entering upon the land for the purpose of opening upon it a public road.… Smith v. Trefry Page 601 Motion to dismiss appeal. Judgment was rendered in favor of plaintiff November 1, 1885.… Miller v. Rea Page 602 Partition. Appeal by J. L. N. Shepard. A motion was made to dismiss this appeal on the ground that the appellant had not served the notice of appeal on all the adverse parties or their attorneys.… Miller v. Thomas Page 603 Partition. Appeal by Pablo Doak and Isaac Doak.… Husheon v. Husheon Page 604 By this action the plaintiff seeks to have a deed executed by him to defendant adjudged to be a mortgage; and the facts of the case, as found by the court below, are substantially as follows:— On the fifteenth day of July, 1876, plaintiff was the owner of 760 acres of land in Humboldt County, of the value of four… McComb v. Spangler Page 605 The plaintiff deraigned title through mesne conveyances from John McComb and Elizabeth, his wife; the defendant, through purchase at a sale under a decree foreclosing a mortgage executed by Elizabeth McComb, the wife.… Fish v. Benson Page 606 This is an action of ejectment to recover certain premises situate in Contra Costa County.… Haggin v. Clark Page 607 This cause was decided by Department Two on the thirtieth day of January, 1886.… Fisk v. Atkinson Page 608 We adhere to the opinion formerly expressed by us in this cause, which was approved by Department Two of this court.… McGrath v. Hyde Page 609 — This is a motion on behalf of the plaintiff to dismiss an appeal prosecuted by the defendant.… Thomas v. England Page 610 This is an action to establish a right of way over the land of defendants, and to bar and-enjoin them from closing or obstructing the same.… Blackwood v. Cutting Packing Co. Page 611 The plaintiff brought an action against the defendant for an alleged balance due on a sale of some apricots.… Maxwell v. County of San Luis Obispo Page 612 The only question which we have to consider in this case is, Does the complaint state facts sufficient to constitute a cause of action?… Partridge v. Shepard Page 613 This is an action of ejectment to recover portions of blocks 370, 371, 376, and 377, Western Addition, San Francisco.… Hefner v. Urton Page 614 In January, 1876, the defendant, W. L. Urton, .being the owner of certain premises, executed to the plaintiff a promissory' note for two thousand dollars, and a mortgage upon the premises to secure the payment of the note, which mortgage was duly recorded.… Braly v. Henry Page 615 This is an action upon a joint and several promissory note made by defendant and one W.… Cohn v. Central Pacific Railroad Page 616 This is an action against the corporation defendant, in which the Superior Court of Los Angeles County changed the place of trial of the action to the city and county of San Francisco.… Lang v. Superior Court Page 617 The following statement of facts in this case is admitted to be true and correct:— On January 9, 1882, Holcomb et al.… Gruell v. Spooner Page 618 The appeal from the judgment was not taken within a year after the entry of the judgment, and must be dismissed.… Starkie v. Perry Page 619 In this case the plaintiff, by the allegations in his complaint, admits having received for the *496defendant, between the year 1873 and the commencement of the action, the sum of $575 as her portion of the estate of her deceased mother; but he claims to have paid, laid out, and expended for the defendant, between the… Myers v. Moulton Page 620 This action was brought to recover from the defendants the possession or value of a wagon, set of double harness, and a horse.… Fitzgerald v. Fernandez Page 621 This is an action to set aside and annul a decree of foreclosure against the plaintiff herein, to vacate an order of sale issued under such decree, and to enjoin D.… Cochran v. Jewell Page 622 This is an action to recover damages for the breach of a contract alleged to have been made on the twenty-fourth day of November, 1882, for the sale and delivery to plaintiff of ninety-seven bales of hops weighing 14,596 pounds, at the price of eighty cents per pound.… Duff v. Duff Page 623 The plaintiffs are Julia Duff, the widow, and Agnes Duff, the infant daughter, of William R.… In re Buckley Page 624 This is a proceeding taken against the respondent, Buckley, for an alleged contempt of this court.… In re Cowdery Page 625 J. F. Cowdery, at the times hereafter mentioned and prior thereto an attorney and counselor of this court, is accused as follows: That Cowdery was in December, 1881, the attorney and counselor of the city and county of San Francisco, and continued so to be up to the fifth day of January, 1883; that while he was such… In re Whittemore Page 626 In this case, the facts are the same as in In re Cowdery, ante, p.… People v. Scott Page 627 The defendant was charged with the crime of murder in killing one Feliz.… Kimple v. Conway Page 628 Motion to dismiss appeals taken by the plaintiff.… This is an application for a writ of mandate compelling the respondent to draw his warrant upon the state treasurer for an amount allowed by the board of examiners on petitioner’s behalf, for the support and maintenance of aged persons in indigent circumstances.… Baggett v. Dunn Page 630 Application for - a writ of mandate compelling the respondent as controller of state to draw his warrant on the state treasury in favor of petitioner, Baggett, payable out of the general fund, for the sum of two hundred dollars ($200), as salary of petitioner as Deputy Supreme Court Reporter for the month of July… Hall v. Superior Court Page 631 Application for a writ of review. Two points are made by petitioner: — 1.… Randall v. Hunter Page 632 Motion to dismiss appeals. Randall sued Hunter and Gill as partners, on a promissory note signed “ Gill and Hunter.” Gill made no defense, and judgment passed against him by default.… Landis v. Morrissey Page 633 The question in this case arises on an offer to introduce certain testimony.… In re Guerrero Page 634 McKee, J. The petitioner complains that he is imprisoned under a judgment given against him by the *90City Court of Los Angeles, for having violated an ordinance of the city by “ carrying on, within the corporate limits of the city, in his own name, and for his own profit and benefit, the business of a place where… Levy v. Wilson Page 635 On the 20th of September, 1885, there was returned and filed in department 11 of the Superior Court of the city and county of San Francisco an indictment for felony against the petitioner in tb#s case found by the grand jury.… Girdner v. Beswick Page 636 This action was brought to recover two thousand do,liars damages for breach of a contract entered into between plaintiffs and defendant.… Wright v. Seymour Page 638 This is an action of ejectment to recover a parcel of land situate in the county of Sonoma.… Martin v. Ward Page 639 This is an action of ejectment to recover-a lot of land twenty-five feet front by sixty-nine feet deep, situated on Douglas Street, city and county of San Francisco.… Woodsum v. Cole Page 641 This is an action to recover the amount due on a promissory note.… Hahn v. Garratt Page 642 This was an action to recover damages for trespasses committed by the defendant’s cattle upon the plaintiffs’ crops.… In re Hang Kie Page 643 Petitioner complains that he is unlawfully restrained of his liberty, because the ordinance under which he was arrested and imprisoned is unlawful and void.… Howell v. Stetefeldt Furnace Co. Page 644 The Stetefeldt Furnace Company had in its possession two thousand dollars, which John Howell and James M.… Colton v. Onderdonk Page 645 The plaintiff instituted this action for the recovery of damages, which she claimed the defendant had caused to her dwelling-house while he was engaged in blasting rock in grading another lot adjoining that on which the plaintiff’s dwelling stood.… Hale v. Akers Page 646 This is an action to recover possession of about fifteen acres of land in Sonoma County.… People v. French Page 647 Uzza F. French, defendant and appellant in this case, was convicted by the verdict and judgment of the Superior Court of San Joaquin County of murder in the first degree, for the unlawful killing of Peter Wells, and sentenced to suffer the death penalty; and he appeals from the judgment and the order denying a motion… People v. Wong Ah Foo Page 648 The defendant was found guilty by a jury of murder in the first degree; from the judgment of conviction, and the order denying his motion for a new trial, he prosecutes this appeal.… People v. Moody Page 649 The defendants were jointly prosecuted by information.… Swain v. Grangers' Union Page 650 The court erred in allowing the following question put to Swain, one of the plaintiffs, when called as a witness:— “At the time this contract was executed, what indebtedness was referred to by the parties when they speak of all indebtedness present and future?” It also erred in admitting the answer of Swain.… Thrift v. Delaney Page 651 On the twentieth day of January, 1879, the land in controversy was public land of the United States, and open to pre-emption or homestead entry.… Skinner v. Hall Page 652 This action was commenced to restrain the sale of a lot of land in the city of San José, under executions issued upon judgments against the plaintiff.… Cheney v. O'Brien Page 653 After carefully going over all the evidence presented in the transcript, we are unable to see that it does not justify the findings of the court.… Weyl v. Sonoma Valley R.R. Page 654 The transcript in this cause being very defective was made intelligible by stipulation between counsel on both sides, and by a certificate of "the.… JAn opinion was filed by the court, in Department, June 23, 1885.… People ex rel. Hastings v. Kewen Page 656 —The organic act of the University of California (Stats.… Cross v. Kitts Page 657 This is an appeal from a judgment in favor of the defendant in an action brought by the plaintiff to quiet title to a water right described in the complaint, and to enjoin the defendant from asserting any title to the water, adverse to the plaintiff.… Marshall v. Dunn Page 658 This is an appeal from a judgment in mandamus of the Superior Court of Sacramento County, denying the plaintiffs’ petition, that defendant be commanded to draw warrants in favor of plaintiffs for traveling expenses when engaged in contests about public lands between the state and the United States.… People v. Treadwell Page 659 —The defendant in this action was convicted of embezzlement.… In re Estate of Armstrong Page 660 The question in this case is, whether a person, indebted to the deceased, and who was appointed special administrator of the estate, was, upon the settlement of his account as such special administrator, properly charged by the Probate Court with the amount of the indebtedness.… In re Estate of Schedel Page 661 The question in this case is, whether, on appeal taken by a legatee from a decree of distribution, the execution of the undertaking provided for by section 94-1 of the Code of Civil Procedure, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a… Sankey v. Levy Page 662 This is an application for a writ of mandate to compel the respondent to restore to the calendar of the Superior Court.a case tried in that court some two years ago on appeal from a Justice’s Court.… Bowman v. His Creditors Page 663 Bowman was adjudged an insolvent under the Insolvent Act of 1880.… Ross v. Sedgwick Page 664 This was an action to recover damages for the conversion by the defendant of certain household furniture, alleged to be the property of the plaintiff.… Thorne v. Finn Page 665 In Savings and Loam, Society v. Thorne et al., after the decision of the court was duly rendered in favor of plaintiff, and an order for judgment in favor of plaintiff entered on the minutes of the court, which was done on the thirty-first day of March, 1882, the defendants on the 3d of April, 1882, served and filed… Lux v. Haggin Page 666 I dissent for the reasons given in my dissenting opinion filed when the case was last under consideration.… Dougherty v. Coffin Page 667 This is an action to enforce payment of a street assessment for grading a portion of Mason Street in the city and county of San Francisco.… Feder v. Epstein Page 668 This was an action to recover the value of certain goods, wares, and merchandise, alleged to have been sold and delivered to the defendants.… Farmer v. Stephens Page 669 Bridget Davis died leaving a will and two minor children, but no husband.… Kelly v. Edwards Page 670 The allegation of the petition is, in effect, that the respondents refuse to recognize the validity of the appointments of November 9, 1875, or to permit the petitioners to sit and act as members of the board of fire commissioners, under and by virtue of their November appointments respectively.… Thomason v. Ruggles Page 671 On the 1st of April, 1872, the legislature passed a law relating to street improvements in the city and county of San Francisco.… Oakland Paving Co. v. Hilton Page 672 This is an application by plaintiff, a corporation, to the Superior Court of the county of Alameda for a writ of mandate to the defendant, commanding him, as city marshal of the city of Oakland, to enter into and execute a certain contract for grading, curbing, and macadamizing to the official grade a portion of a… Holladay v. Hare Page 673 The judgment appealed from is as follows:— “It is therefore now, by the consideration of the court, hereby ordered, adjudged, and decreed that the plaintiff herein, Samuel W.… French v. County of Santa Clara Page 674 In 1877, the plaintiff, French, was duly-elected one of the justices of the peace for Milpitas township of Santa Clara County, qualified as such, and entered upon the discharge of the duties of the office.… Nissen v. Bendixsen Page 675 Section 174 of the Civil Code provides: “If the husband neglects to make adequate provision for the support of his wife, except in the cases mentioned in the next section, any other person may, in good faith, supply her with articles necessary for her support, and recover the reasonable value thereof from the… Rhoda v. Alameda County Page 676 The position taken by the respondent, that it was held by this court when the case was first here (52 Cal.… Cowell v. Stuart Page 677 This action was brought upon certain promissory notes and against five defendants.… Dixon v. Allen Page 678 Appellant insists that the complaint is subject to demurrer, because it does not allege in express terms that the publication was not “privileged.” The definition of libel in the Civil Code, section 45, does not affect the mode of pleading in actions of this character.… County of San Luis Obispo v. King Page 679 This action was brought to recover of defendant moneys collected and received by him as county recorder as fees.… Estep v. Armstrong Page 681 Fraud is the subject of the action. The complaint contains two counts.… Pearson v. Creed Page 682 The defendants claim title through a sale for taxes.… People v. Camilo Page 683 It is the policy of the law, that persons charged with crime shall have a speedy as well as a fair and impartial trial.… In re Gannon Page 684 In the petition in this proceeding for habeas corpus, the petitioner alleges that he is illegally imprisoned by ánd under an unlawful judgment of conviction of contempt of court, rendered against him by the Superior Court of the city and county of San Francisco, from which he asks to be discharged.… Collins v. Driscoll Page 685 The controlling question in this-case relates to the statute of limitations.… People v. Lee Gam Page 686 The defendant was tried upon a charge of murder; from the judgment of conviction thereof in the first degree, and the order, denying him a new trial, he appealed.… Williams v. Mecartney Page 687 This is an appeal from a final judgment entered in the Superior Court in and for the city and county of San Francisco, in favor of plaintiff for $123.50 and costs.… The court below struck out the defendant’s memorandum of costs, and whether it erred in so doing or not is the only question presented for decision.… Castro v. Tewksbury Page 689 This is an action of forcible entrv. The premises involved are situated in Contra Costa County, and consist of a hundred acres of land, with a dwelling-house thereon.… Pryce v. Jordan Page 690 In this case the defendant interposed a demurrer to the complaint in the action, on the ground that the statement of facts was insufficient to constitute a cause of action.… Reay v. Butler Page 691 On the 20th of February, 1866, the plaintiff commenced an action to recover of defendants possession of a lot of land situate in the city and county of San Francisco.… Roman Catholic Archbishop v. Shipman Page 692 On the 21st of November, 1879, Alice Dorland recovered a judgment in the District Court of the twenty-third judicial district for the city and county of San Francisco, against J.… Kalis v. Shattuck Page 693 Pauline Kalis, the wife of her co-plaintiff, while passing along the sidewalk in front of a building on the west side of Broadway, in the city of Oakland, received personal injuries from the fall of a wooden awning, which extended, with a slanting direction, from the second story of the building for about twenty feet… People v. Rodrigo Page 694 The defendant was found guilty of an assault with a deadly weapon.… Hastings v. Keller Page 695 This case is before us on appeal from an order refusing to change the place of trial, and on motion to stay proceedings pending the appeal.… In re Lawrence Page 696 The petitioner was arrested on a warrant issued from a Justice’s Court of Stanislaus County on a charge of misdemeanor, under section 435, Penal Code, and is held in custody under that warrant by the sheriff of said county.… Martin v. Splivalo Page 697 This is an action of ejectment for the possession of certain real property in Santa Clara County.… Harrison v. McCormick Page 698 This is an appeal from a judgment and order denying a motion for a new trial in an action brought by plaintiff against defendants, who are designated in the complaint as “John McCormick and Oscar Lewis, partners, doing business under the firm name of McCormick & Lewis,” to recover a balance, which, plaintiff alleged… O'Donnell v. Jackson Page 699 We are of the opinion that a valid contract in writing was made between plaintiff and defendant on or about the 10th of December, 1878, for the sale by the former to the latter of the land in controversy, for the sum of $1,130, to be paid in cash on the execution of a deed by plaintiff.… Hollis v. Meux Page 700 A demurrer was sustained to the complaint in this case, on the ground that it did not contain facts sufficient to constitute a cause of action.… Tripp v. Santa Rosa Street R.R. Page 701 This is an appeal from an order of the 13th of February, 1882, made after final judgment *632in the above-entitled action.… Remington v. Superior Court Page 702 Prohibition. In an action for divorce the court made an order that the defendant show cause why he should not be restrained from seeking to collect *634the amount of a judgment, which he had recovered against a third party.… Hitchcock v. McElrath Page 703 This appeal is taken by the defendant from an order setting aside a default entered against plaintiff for want of an answer to an amended cross-complaint.… Dyer v. Scalmanini Page 704 This action was initiated for the purpose of recovering a street tax assessment upon some lots on Greenwich Street in San Francisco.… Hartman v. Rogers Page 705 Appellant contends that there is absolutely no testimony in the statement for new trial tending to, show the value of plaintiff’s services.… County of San Mateo v. Oullahan Page 706 These cases will be considered together. Each is an application for a writ of mandate, directed to the respondents in their official capacity, requiring of them the performance of certain acts demanded of them by the law if the money in question is a part of the pub-*648lie revenue.… Ex parte Mitchell Page 707 1. The punishment authorized by section 245, Penal Code, is not excessive, cruel, or unusual within the meaning of section 6, article 1, of the constitution.… McNally v. Connolly Page 708 Whether the title to the property in question passed to the plaintiffs in the present action depends *4upon its character at the time of the levy of and sale under the execution issued in the case entitled McNally et al.… O'Kane v. Hyde Page 709 The court below construed the assignment by Daly & Hawkins to O’Kane as an assignment of their individual as well as of their partnership prop*8erty, and as it directed all of the property assigned to be applied to the payment of partnership debts, held the assignment void as thus giving a preference to the… People v. Fong Ah Sing Page 710 The defendant was found guilty of murder of the first degree, and his motion for a new trial was denied.… Brown v. Griffith Page 711 At the trial, the plaintiffs produced books of the recorder of Fresno County, and offered in evidence matter recorded on certain pages thereof, for the purpose of proving the execution and contents of conveyances, and of a power of attorney to convey real estate.… People v. Horn Page 712 The information, charging the defendant with an assault with a deadly weapon, is valid and regular in form.… Low v. Warden Page 713 This is an action on a promissory note. The complaint averred the execution of the note, and that it had been sold and assigned to the plaintiff by the payees, “ D.… In re the Estate of Tanner Page 714 This is an appeal from an order of the Superior Court of the city and county of San Francisco settling the final account of Julius Buhlert, assignee of the estate of the insolvent above named.… Irving v. Carpentier Page 715 This is an action to quiet title to land in Alameda County.… Turner v. Strenzel Page 716 Action by the assignee of material-men to foreclose what is alleged to be a mechanic’s lien.… Morgan v. McDonald Page 717 In this case issues were joined by complaint and answer.… People v. Bell Page 718 The transcript herein does not show that the notice of appeal was served on any one.… People v. January Page 719 This is an application to this court, that the defendant be admitted to bail pending an appeal.… In re Bickerstaff Page 720 The petitioner was convicted of keeping a saloon in the city of Stockton without having obtained a license as required by an ordinance passed the 25th of May, 1885.… Lattemore v. Baldwin Page 721 Appeal from a judgment and order denying a motion for a new trial in an action to recover $339.… Gates v. McLean Page 722 The contract between the parties, as alleged in the complaint, was: “On the eighth day of October, 1881, this plaintiff agreed to and with said defendant to sell and convey said lots and parcels of land [hereinafter described] to said defendant, for the agreed price of two thousand eight hundred dollars; that on said… Ex parte Stice Page 723 Petition by Stice for discharge on writ of habeas corpus.… People v. Cole Page 724 Action to recover a license tax of one hundred dollars.… People v. Phillips Page 725 The court below charged the jury as follows:— “The defendant is not charged in the information with the forgery of the mortgage.… Larroche v. Ricaud Page 726 On the 1st of April, 1877, Jean P. Ricaud died in the city and county of San Francisco, seised and possessed of certain real property, which was inventoried by the executors of his last will and testament as assets of his estate, and appraised at seven thousand five hundred dollars.… Schammel v. Schammel Page 727 This is an appeal from an order made pendente lite, for counsel fees and alimony, in an action of divorce.… Du Brutz v. Jessup Page 728 This was an action brought by James L. Hussey and F.… McAlester v. Landers Page 729 The facts out of which this case arose are as follows:— In August, 1870, the plaintiff leased to P.… Cohen v. Gray Page 730 This is an appeal from an order granting a preliminary injunction in an action brought to obtain a decree to perpetually enjoin the defendants, who were members of the board of trustees of the town of Alameda, from passing or voting upon any proceedings pending before the board for the opening of a public street… Saville v. Frisbie Page 731 The order of the 24th of February, 1881, dismissing this case, from which an appeal was prosecuted to this court, was here reversed in May, 1883, on the ground that the opportunity had not been afforded the plaintiff to show cause why the order should not be made.… McBrown v. Dalton Page 732 This case arises out of an original action in equity brought by the plaintiff agaiust the defendants to compel a conveyance of the legal title to certain land and premises, which it is claimed they have received and hold in trust for him.… People v. Marseiler Page 733 The defendant was by a jury found guilty of an assault with a deadly weapon.… Swift v. Goodrich Page 734 The complaint was demurred to on the ground that it did not state a cause of action.… Roberts v. Donovan Page 735 As far as it goes, we are satisfied with the' opinion delivered when this case was pending in Department, which will therefore stand as the opinion of the court upon the question therein discussed.… People v. Donaldson Page 736 The defendant was found guilty by a jury of having obtained certain property from one Spence under false pretenses, with intent to cheat and defraud him.… People v. Webb Page 737 On the trial.of this case, after the prosecution had announced that the case was closed, the court permitted the district attorney to recall a witness for the defendant, who had been examined and cross-examined, for further cross-examination, in order to lay a foundation for impeaching him.… Page v. Summers Page 738 The court below found “that on the twelfth day of May, 1881, the said J.… McCants v. Bush Page 739 The facts on which the plaintiff sought to recover in this action all occurred before the amendments to the chapter of the Codé of Civil Procedure treating of the “Liens of Mechanics,” which were adopted March 18, 1885.… Hays v. Ewing Page 740 This action is against an attorney at law for neglect of duty in the management of a certain action brought by the present plaintiff against Cogswell et al.… Red Jacket Tribe No. 28 v. Gibson Page 741 There was sufficient evidence to justify the findings of the court below.… In re Russell Page 742 In Campbell v. Judd, 7 West Coast Rep. 372, it was held that a petition of creditors under section 8 of the insolvent law of April 16, 1880, when the alleged creditors are described therein as firms or co-partnerships, and the names of the persons comprising the firms are not given, “complies with the requirements of… Thompson v. White Page 743 This suit was instituted by Thompson for the purpose of obtaining a judgment for twenty thousand dollars damages against White, for slander of the former’s title to an ore-roasting furnace, and for an injunction prohibiting him from continuing such slander.… Dyer v. Brogan Page 744 The plaintiff sued to recover judgment on a street assessment.… Welch v. Hereford Page 745 This is an appeal from an order admitting to probate the will of G.… The defendant is a corporation formed under the laws of this state, and this action was instituted for the purpose of foreclosing two mortgages, aggregating the sum of $11,941.81, upon the steamer Ferndale, which was constructed by and is the property of the defendant.… In re the Estate of Sbarboro Page 747 In this case the trial court dismissed a petition for the revocation of the probate of a will, as it *149was directed to do by this court in Estate of Sbarboro, 63 Cal.… Lobree v. Mullan Page 748 Sections 3414, 3415, and 3416 of the Political Code read: — “ 3414.… The court below sustained a demurrer to the complaint, and whether it erred in so doing or not is the only question presented for decision.… Grandona v. Lovdal Page 751 The court below sustained a demurrer to the complaint.… This is an appeal from an order denying a motion for a new trial.… Pfister v. Central Pacific Railroad Page 753 This is an action to recover from the defendant, a corporation, engaged in the business of a common carrier of passengers and freight for hire by cars drawn over a railroad by steam-engines, damages in the sum of fifty thousand dollars for refusal to carry certain treasure for plaintiff.… In re the Estate of Olvera Page 754 On settlement of the final account of the administration of the estate in this case, it appeared that five claims had been presented to the administrator, which were allowed and approved, and were afterward, by a decretal order of the Probate Court, entered on the 11th of February, 1878, “ ordered to be paid in due… Johnson v. Klein Page 755 It has been so often held here that a finding that all the averments of the complaint are true is a sufficient finding of facts that an appeal grounded on its *187alleged insufficiency must be held to have been taken for delay.… Richards v. Shear Page 756 It is sought in this case to charge the homestead of the defendants, who are husband and wife, with a lien for materials furnished by the plaintiffs to the husband to be used and which were used in the construction of a building thereon,—the materials having been furnished after the property had been impressed with… Charnock v. Rose Page 757 This is an appeal from a judgment which perpetually enjoins the defendants from interfering in any way with the possession, use, and control of a ditch in which is conducted, for the purpose of irrigation, the water of a natural watercourse on the plaintiff’s land.… People v. Lowrey Page 758 The judgment in this case must be reversed upon the authority of People v. Bush, 68 Cal.… Wing Ho v. Baldwin Page 759 The sole question in this case is, whether or not the provision of the Civil Code to the effect that persons doing business as partners, contrary to the provisions of the article requiring the filing and publishing of a certificate showing the names and residences of all the members of the partnership, “ shall not… Wilson v. Prouty Page 760 The case shows that the plaintiff leased to one McCafferty a tract of land, upon which he planted a crop of barley, and upon which crop he executed to plaintiff a chattel mortgage, which was duly recorded.… This is an action upon a policy of fire insurance wherein the defendants agreed that in case of the destruction of or damage to the property insured by fire they would pay to the plaintiffs the amount of such loss or damage, not exceeding the amount in the policy mentioned, “ provided always that this insurance shall… Phelps v. Cogswell Page 762 This action was for malicious prosecution.… People v. Lampson Page 763 The only point relied on for a reversal of the judgment in this case is the refusal of the court below to grant the defendant a continuance of the trial.… This was an action of forcible entry and detainer against the parties defendants, who were charged *207with having forcibly entered upon about twenty feet square of the seashore of which, it was alleged, the plaintiff was in the exclusive possession at the time of the entry.… Sanchez v. Newman Page 765 This is an appeal from an order in a proceeding for contempt against one B.… Temple v. Superior Court Page 766 This is an application for a writ of mandate to compel the Superior Court of Los Angelés County, Judge W.… People ex rel. Dunn v. Bunker Page 767 Action to recover from the defendant moneys received by ,him, as commissioner of immigration, under section 2955 of the Political Code.… Kedrolivansky v. Niebaum Page 768 This is an appeal by the defendant from an order granting the plaintiff a new trial.… Palmer v. White Page 769 Plaintiff and defendant entered into a contract in writing for the construction by plaintiff for defendant of a building.… Bacon v. Irvine Page 770 This is an appeal from a judgment of non-suit and an order denying a new trial.… Anderson v. Black Page 771 This action was instituted for the purpose 'of recovering the possession of specific real property, a mining claim, with damages for the withholding thereof, and for a temporary injunction pending the action.… Mace v. O'Reilley Page 772 Mace brought an action for malicious prosecution against O’Reilley, claiming five thousand dollars damages.… King v. Gotz Page 773 This is an action of ejectment to recover a lot of land in the form of a parallelogram, twenty-five feet by sixty feet and ten inches, near Golden Gate Avenue and Laguna Street, San Francisco.… Tibbetts v. Fore Page 774 The wife of one Tibbetts brought an action against Gill as sheriff of San Bernardino County, California, and others, which had for its object to en-' join a sale under execution (issuing by virtue of a judgment against her husband) of a certain house and lot in the town of Calico, claimed by her as her separate… Gould v. Lanterman Page 775 This was a contest as to which of two individuals was entitled to purchase land of the state of California.… Burkle v. Levy Page 776 This is an action to set aside a deed of trust executed by the plaintiffs to the defendant Levy, as trustee.… Flanagan v. Brown Page 777 This is an appeal from a judgment in favor of defendant, and from an order denying a new trial.… This is an appeal from a judgment in favor of plaintiff, and an order denying the defendant a new trial.… Bettner v. Holt Page 779 Bettner brought an action against Holt for a libelous and unprivileged publication.… Green v. Hayes Page 780 The only question presented in this case is as to the sufficiency of the complaint when tested by a general demurrer.… Schuyler v. Broughton Page 781 By an execution issued upon a money judgment recovered on the 18th of February, 1884, by Henry Miller against W.… Edgar v. Stevenson Page 782 This is an action for an injunction to restrain the diversion of water.… Ex parte Winter Page 783 I think the power to allow a wife counsel fees in the appellate court in proper cases is vested in the appellate court as an incident to the proper exercise of its jurisdiction, and that it does not come within the jurisdiction of the court from which the appeal is taken to make such allowance.… Winter v. Superior Court Page 784 The wife of Thomas P. Winter instituted against him an action for permanent support and maintenance.… Frink v. Roe Page 785 This is an action of ejectment to recover a portion of South Beach block, No. 25, of the city and county of San Francisco.… This action was instituted to quiet title of plaintiff to two parcels of land situate in the city and county of San Francisco, and within that portion of said city and county to which the ordinances 822 and 845 of the common council of said city and county, and an order passed by the justices of the peace of the… Schlessinger v. Mallard Page 787 This is an action to compel the defendants, as trustees, to convey to the plaintiffs certain premises situate in the city of Los Angeles, and for an accounting for the rents and profits thereof.… Barley v. Buell Page 788 This action was commenced to recover the sum of ten thousand dollars for services alleged to have been rendered by the plaintiff in procuring a loan for the defendant.… Brown v. Plummer Page 789 Motion to dismiss an appeal. In this case there were two appeals from a judgment taken by defendant, one on the 28th of January, 1886, *338and the other on the 1st of March following.… Luco v. Commercial Bank Page 790 The question involved in this appeal is, whether a judgment in favor of Luco against one Castro Olvera as executor of the last will of Agustín Olvera is valid so as to bind the heirs and devisees of the testator.… Schroeder v. Superior Court Page 791 This is an action to annul by certiorari an order of the Superior Court appointing a special administratrix.… Cox v. Clough Page 792 This is an action to determine the right to the use of the water of certain springs, and of a stream flowing therefrom, situate in the county of San Bernardino.… Bath v. Valdez Page 793 This action was brought to quiet title to the north half of lot eight (8), block three (3), of Ord’s survey of the city of Los Angeles.… Burroughs v. De Couts Page 794 This is an action of ejectment to recover certain premises situate in the county of San Diego, and known as the rancho Los Vallicitos de San Marcus, containing two square leagues of land, more or less.… Coubrough v. Adams Page 795 This is an action to recover the amount alleged to be due on a promissory note executed by the defendant’s testator to the order of McFarlane, Blair & Co., and by them indorsed to the plaintiff.… Lafargue v. Harrison Page 796 For the reasons given in the opinion filed herein December 30,1885, judgment and order affirmed. Curtis v. Superior Court Page 797 It appears in this case that on the day defendant in the action entitled Wristen v. Curtis gave notice of his intention to move for a new trial, counsel for plaintiff therein extended by stipulation the time for the preparation of the statement to a day beyond the 22d of March, 1886, and on the last-named day the… The court below granted a nonsuit. The evidence showed that the shaft in which the plaintiff was injured had been • divided by a row of posts extending down the center at a distance of about four feet from each other, firmly fixed in the roof and base-pieces; that in the space to the right of the row of posts, looking… McNoble v. Justiniano Page 799 The demanded premises are described in the complaint, and are a portion of a larger tract of *396160 acres.… Lee v. Orr Page 800 One of the defendants herein, H. W. Orr, obtained a judgment against the Hungarian Hill Gravel Mining Company, and by virtue of an execution issued thereon certain real estate was sold to said Orr.… Terney v. Doten Page 801 The agreement testified to on the part of the plaintiff is within the statute of frauds, and therefore void.… Lewis v. Adams Page 802 The action is upon a judgment of a District Court of the state of Texas, — a court of general jurisdiction.… Curtis v. City of Sacramento Page 803 1. As was said by the learned judge of the Superior Court, “this action is not upon the original verbal promise.… Lawrence v. Green Page 804 The complaint, after stating other facts, avers: " That whilst she, said Mary A.… Peterson v. Weissbein Page 805 The complaint in this case is in the usual form of complaints in an action of ejectment.… Smith v. Furnish Page 806 The plaintiff, Emma L. Smith, and her co-plaintiff, A.… People v. Manners Page 807 The defendant was charged by information, prosecuted, and convicted of the crime of grand larceny, the charge being that she feloniously took and carried away four twenty-dollar gold pieces, the same being the property of the prosecuting witness.… Sanders v. Lansing Page 808 The defendant agreed with plaintiff to sell to him a tract of land at a stipulated price per acre, possession to be given on full payment.… Hicken v. French Page 809 A contest arose in the office of the surveyor-general of this state between plaintiff and defendant as to their respective right to certain school lands, and the surveyor-general made an order referring the contest to the Superior Court of the proper county.… Wiggins v. Bridge Page 811 This is an appeal from a judgment in an action to foreclose a mechanic’s lien.… Amer v. Hightower Page 812 This is an action to recover the possession of certain personal property, or its value in case a delivery cannot be had, and damages for its detention.… Joy v. McKay Page 813 This is an action to recover possession of certain land and premises in Amador County, of which Jarius A.… Biggs v. Lloyd Page 814 This is an appeal from a judgment and an order denying a new trial in an action arising on contract.… Hellman v. McWilliams Page 815 This is an action brought to determine whether the estate of Eli W.… Quinn v. Anderson Page 816 This is an action to enjoin the'defend-, ants from obstructing a highway in the county of *455Tuolumne, and to recover damages for obstructing the same.… County of Amador v. Kennedy Page 817 This action was brought to recover of defendant a license tax amounting to thirty dollars, and a penalty for not paying the same when demanded, under an ordinance passed by the board of supervisors of the county above named.… Department Two of this court affirmed the judgment of the court below, which had been rendered in favor of the defendant.… Ross v. Brusie Page 819 This suit was brought in the county of Stanislaus by plaintiff and appellant against defendant and respondent, to compel a reconveyance of a certain lot of land in the town of Modesto, in the county of Stanislaus.… People v. Gordon Page 820 The appeal in this case is from an order denying a new trial, and a judgment of conviction of assault with intent to commit rape.… People v. Jung Qung Sing Page 821 This is an appeal from a judgment of conviction of murder in the first degree.… People v. Pacheco Page 822 1. The defendant was accused by information of the crime of rape, the act being charged to have been “committed by force and violence, and against the ydll and consent of the person named as the subject of the act.” Objection is made that the information did not contain an element of resistance on the part of the… McCormick v. Rossi Page 823 This is an action upon a contract made by the plaintiff’s intestate for the sale of a mining claim to the defendant for the sum of six thousand five hundred dollars.… Hayward v. Manzer Page 824 plaintiff, Hayward, brought an action to recover damages for trespass committed, as he alleged, by defendants, the marshal and board of trustees of the town of Hayward.… Heilbron v. Heinlen Page 825 Judgment was entered in favor of defendant January 30, 1884.… Southern Pacific Railroad v. Terry Page 826 This is an action of ejectment. The demanded premises are a portion of the railroad lands of the Southern Pacific Eailroad Company, the plaintiff in the action.… Chapman v. Polack Page 827 This is an action of ejectment to recover the southeast quarter of section 13 in township 11 north, range 9 west, Mount Diablo base and meridian.… Central Pacific Railroad v. Creed Page 828 In this ease, the plaintiff in the action had appealed from a judgment in its favor, and from an order of refusal to set aside the judgment and an execution sale of land thereunder.… Harris v. More Page 829 The defendants executed an agreement in writing to pay moneys to any person furnishing evidence which would lead to the conviction of persons implicated in the commission of a crime.… People v. Clunie Page 830 The main question argued in this case and which we are urged to decide is, what, if any, law is in existence authorizing the city of Sacramento to assess, levy, and collect municipal taxes.… Louvall v. Gridley Page 831 It was alleged in the original complaint that the plaintiff’s devisor was the owner of a quarter-section of land, and conveyed the same by a deed absolute in form to George W.… Garabaldi v. Shattuck Page 832 This is an action to quiet title to certain land in Butte County.… Rendell v. Scott Page 833 The defendants by their cross-complaint sought to have set aside as obtained by fraud a contract by which the defendants had agreed to purchase a tract of land from plaintiff.… People v. Lung Page 834 The defendant, Sam Lung, was accused by information of having carried on and conducted the game of tan for money, etc.; he was convicted as charged by a jury, and from the judgment against him, and an order refusing a new trial, he appealed.… Davidson v. Devine Page 835 This was an action to recover damages for an alleged trespass upon a mining claim," and for an injunction.… People v. Daniels Page 836 The defendant was tried for the murder of a woman named Sarah Indig, and convicted of the crime of manslaughter; from a judgment in the premises, and an order denying him a new trial, he has appealed.… People v. Otto Page 837 The defendant was indicted under section 424 of the Penal Code, which reads as follows:— “ Each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safe-keeping, transfer, or disbursement of public moneys, who either,— “10.… Matthews v. Superior Court Page 838 In the case of Goughran v. Matthews, on appeal to the Superior Court of Marin County, a writ of certiorari was issued on the 20th of October, 1885, to determine whether the Superior Court had pursued its jurisdiction in refusing to settle a statement presented in the case upon a motion for a new trial, and in ordering… People v. Reed Page 839 The defendant was indicted in the county of Sacramento, upon a charge of obtaining property by false pretenses, under section 532 of the Penal Code, and was tried and convicted.… Alameda Macadamizing Co. v. Williams Page 840 This action was brought to foreclose a lien on block 52, East Fourteenth Street, Oakland, based upon a street assessment made by the municipal authorities of the city of Oakland.… Plummer v. Brown Page 841 The only question for consideration on this appeal is, whether the court below erred in' sustaining a demurrer to the complaint upon the ground that it did not contain facts sufficient to constitute a cause of action.… Wills v. Rhen Kong Page 842 In this cause, the judge refused on-objections of plaintiff’s counsel to settle and allow the statement on motion for a new trial presented by defendant.… Frey v. Lowden Page 843 This was an action to determine certain rights claimed by the plaintiffs to the use of the waters of a creek in Trinity County, known as the Grass Valley Creek, to enjoin the defendants from infringing- those rights, and to recover damages for conversion of a portion of the waters appurtenant to them.… Magee v. McManus Page 844 In this case, the defendant was required by the judgment of the court below “forthwith to execute and deliver to plaintiff a note and mortgage, to wit, her promissory note in the sum of $1,662.40, payable to plaintiff on demand, and bearing interest at the rate of seven per cent per annum from the fourth day of… Kelly v. Murphy Page 845 This is an action by the plaintiff, as executrix of the last will of William Wearman, to recover from the defendant damages for the conversion of certain personal property belonging to the estate of deceased.… Shealor v. Superior Court Page 846 In this cause, the plaintiff brought his action in a Justice’s Court to recover various articles of personal property, the aggregate value of which, as averred in the complaint, amounted to $319.… Swamp Land District No. 307 v. Gwynn Page 847 This is an action to enforce payment of an assessment made for reclamation of swamp lands.… For the reasons given in the opinion heretofore filed, the judgment and order are affirmed.… McKay v. Joy Page 849 Bill filed by a surviving partner against the administrator of his deceased partner for an accounting.… People v. Myers Page 850 The defendants were accused by information of the crime of robbery.… Menk v. Commercial Insurance Page 851 In effect, the complaint alleged that the policy of fire insurance sued on was issued on an application made and signed by the plaintiff.… The plaintiff brought suit against the defendant on an insurance policy which the former had obtained from the latter upon a certain vessel.… Ware v. Walker Page 853 The plaintiff obtained a final decree in this action, perpetually enjoining the defendant Walker from interfering with the ditch or dam of Ware or his associates in the bed of the Arroyo de Los Gatos, upon the land of the defendant, or from obstructing the flow of the water of said arroyo into said ditch, and for… Turner v. Donnelly Page 854 An action of ejectment for certain lands, in which the plaintiff obtained judgment, from which the defendant appealed.… In re the Estate of Cahalan Page 855 An appeal from an order of the Superior Court of Santa Clara County settling a final account of an executor and distributing the decedent’s estate.… Nicholson v. Tarpey Page 856 The demurrer to the complaint in this cause was properly overruled.… Davisson v. Board of Supervisors Page 857 Section 2642 of the Political Code, as amended in 1883 (Stats.… Palmer v. Uncas Mining Co. Page 858 Palmer and Holm commenced separate actions against the Uncas Mining Company and others for the foreclosure of miners’ liens, which actions were subsequently consolidated and tried together.… On the thirteenth day of October, 1879, the plaintiff, being engaged in the business of selling water for mining and other useful purposes, and the defendant, being the owner of a certain mine and quartz-mill, entered into an agreement in writing, by which the *615plaintiff agreed and bound itself to furnish the… Senter v. Senter Page 860 The plaintiff herein, Catherine Senter, and William A.… Carlson v. Superior Court Page 861 The writ of review in this case was granted to determine whether the Superior Court of *627Alameda County pursued its jurisdiction in a case before it on appeal from the judgment of a Justice's Court.… Ex parte Shobert Page 862 The petitioner was accused of selling a lottery ticket in the city of San Francisco, and was tried and convicted.… Howell v. Thompson Page 863 On the twenty-sixth day of March, 1886, it was adjudged by this court (Department Two), on appeal from an order of the Superior Court of Santa Clara denying a motion of the defendant that the action be moved for trial to San Francisco, that the said order be reversed, and the Superior Court of Santa Clara was by the… Ex parte Jaynes Page 864 The petitioner was served with subpoena duces tecum, requiring him to produce telegraphic messages, but there was nothing to point his attention to any particular message or messages; he was required to search for and produce all messages from a number of persons to many other persons between certain specified dates.… Biven v. Bostwick Page 865 This action is brought on a promise by the defendant to pay over a sum of money in his hands to the plaintiff.… People v. Franklin Page 866 The defendant was charged by information with the crime of assault with a deadly weapon with intent to murder one Hemmenway, and was convicted of assault with a deadly weapon with intent to do great bodily harm.… People v. Carrillo Page 867 In the margin, opposite to instruction No. 5 requested by the prosecution, the judge of the Superior Court wrote, “Given,—the word ‘possible’ *642inserted in reading in two places.” There is nothing to indicate where the word was inserted “in reading.” The instruction to that extent was not in writing; because there… Kern Valley Water Co. v. McCord Page 868 These cases have been argued and submitted together.… Porter v. Murray Page 870 The demurrer was properly overruled. The findings show that, on the day mentioned in the complaint, the plaintiff was in the peaceable possession of the property, and *689that on that day, during his absence, Murray wrongfully entered thereon, and has ever since forcibly detained possession thereof from the plaintiff.… Ross v. Brusie Page 871 This is an action to redeem a lot of land in the town of Modesto.… Miller v. Dunn Page 872 Under a contract made in pursuance of the act of April 23, 1880, entitled “An act to promote drainage” (Stats.… Hegard v. California Insurance Page 873 The respondent, Hegard, makes the point that this cause should be considered here upon the judgment-roll only, for the reason that the notice of intention to move for a new trial on the part of the appellant, although served within the statutory period of ten days, was not so filed.… Klumpke v. Ackerson Page 875 Action to quiet title. Plaintiff’s claim to title is founded on a tax deed which omitted a necessary recital.… This is ejectment to recover certain leased premises, upon the ground that the lease had become forfeitéd and void.… In re Taylor Page 877 This cause is ruled by the decision in the case entitled “In re Buckley, 69 Cal.… Holmberg v. Hendy Page 878 The action is claim and delivery. The judgment does not conform to the requirements of the statute in such cases, for which reason it must be reversed: Code Civ.… This action was brought with a view of obtaining a judgment affirming to the plaintiff the whole of the right, title, and interest in and to certain waters mentioned in the complaint, as well as to the pipe which conducted said waters over the defendants1’ land, as also to the waterworks *725and appurtenances thereto… Cramer v. Tittle Page 881 Motion to dismiss an appeal on the ground of failure to file an undertaking as required by law.… In re Estate of Hawes Page 882 The original petition in this case for leave to prove a bill of exceptions, and to have the same certified as correct, under section 652, Code of Civil Procedure, was heretofore held insufficient by this court, and leave given to file an amended petition.… Fredericks v. Judah Page 884 Several of the questions argued by counsel cannot be considered because of the state of the record.… McKay v. Joy Page 885 Plaintiff and Jarius A. Joy were partners in the business of farming.… People v. Phillips Page 886 The information in this ease accused the defendant of the crime of forgery, in having feloniously, willfully, and unlawfully uttered, published, and passed to one Elgin a counterfeit paper in writing as a genuine promissory note of one Fitch, with the intent to prejudice, defraud, and damage the said Elgin.… Gates v. McLean Page 887 This is an action of ejectment to recover certain lots of land in the town of Modesto.… Tully v. Tully Page 888 Supposing a certain piece of land to belong to the United States government, and wishing to pre-empt it, John Tully bought the possessory right thereto from, and paid the price therefor to, one Murphy.… Cohen v. Mitchell Page 889 On the eleventh day of November, 1873, Cohen owned one-third and Mitchell two-thirds of the Bonny placer mine.… Chielovich v. Krauss Page 891 Action to quiet title by plaintiff against Krauss.… Brown v. Griffith Page 892 Counsel for defendants requested the court below to give this instruction to the jury: “If you believe any *626witness has sworn falsely as to any material fact, you must disbelieve such false statement, and may disbelieve the whole of his or her testimony.” The court refused to give the instruction, but instead gave… Montgomery v. Locke Page 893 This is an action to recover damages for injury to the land of the plaintiff by construction of levees, which are claimed to have obstructed the natural flow of water, and for a judgment that the levees, dams and embankments of defendants be abated as a nuisance.… The plaintiff, being intoxicated, lay down by .the side of the defendant’s railroad track, at a point within its right of way, about a mile distant from Salinas, in Monterey county, and went to sleep; and while lying there in that condition had one of his feet so crushed by the engine of the defendant’s south-bound… People and organizations on PlainSite with a photograph on file, alphabetically. A
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