Gianella v. Gray

Citations

• 7 Cal. Unrep. 353
• 96 P. 329

Syllabus

<p>Injunction—Sufficiency of Allegations—General Demurrer.—A complaint alleged plaintiff’s fight to the exclusive use and occupation of land bordering on a navigable river and extending to low-water mark; that defendants had entered thereon, though prohibited to do so by plaintiff’s agent, and had occupied the land above low-water mark, taken down fences, and had threatened to do so, and camped thereon, and had crossed over the land, leaving gates open, and made preparations to remain thereon, in violation of plaintiff’s rights; that owing to the great number of defendants, and their repeated aets of trespass, the law furnished plaintiff no adequate protection, and that he was compelled to resort to equity to avoid a multiplicity of actions. Defendants’ insolvency was alleged, and that, unless restrained by injunction, they would enter upon and occupy the land in violation of plaintiff’s rights, causing irreparable injury to the lands, and compel plaintiff to bring a multiplicity of actions. It was also rather vaguely averred that the lowlands lying immediately along the river bank overflow at times of high water, and are separated from the higher land by fences, and that at such times plaintiff’s stock would drown unless removed to the higher land. Held, that, though the complaint was not clear and distinct in its averments, from which the court might determine whether the threatened injury complained of was likely to be irreparable, or that an adequate remedy at law was not-available, it was good as against a general demurrer.</p>