Barham v. Hostetter

Citations

• 67 Cal. 272
• 7 P. 689
• 1885 Cal. LEXIS 615

Syllabus

<p>Appeal—Order Dissolving Injunction.—An appeal from an order dissolving an injunction must be taken within sixty days from the date of the entry of the order.</p> <p>Injunction—Diversion op Water—Damages—Joinder op Causes op Action. —The plaintiffs were owners in severalty of certain distinct parcels of land, and the action was brought to restrain the defendant from depriving them of water carried by various ditches to their respective lands, and to recover damages sustained by reason of past diversions of the water. Held, that the cause of action for damages was several as to each of the plaintiffs, and that it could not he joined with the cause of action for an injunction, which was common to all of them.</p> <p>Id.—Pleading—Complaint.—The complaint examined, and held to be ambiguous, unintelligible, and uncertain.</p>