Heilbron v. Kings River and Fresno Canal Co.

Citations

• 76 Cal. 11
• 17 P. 933
• 1888 Cal. LEXIS 816

Syllabus

<p>Practice — Amendment of Answer—Discretion. —It is not an abuse of discretion for the trial court to refuse to allow an amended answer to be filed, when the matters set out therein are not substantially different from those already pleaded in the answer on file.</p> <p>Id.—Findings—Insufficiency of Evidence — Specification of Particulars. —The sufficiency of the evidence to sustain a finding will not be reviewed unless the statement on motion for a new trial contains a specification of the particulars wherein the evidence is claimed to be insufficient.</p> <p>Tort—Affirmative Belief to Defendant — Cross-complaint.—In an action sounding in tort, the defendant cannot obtain affirmative relief by way of cross-complaint.</p> <p>Findings—Conflict of Evidence—Statute of Limitations. — Where the evidence is conflicting, a finding against the plea of the statute of limitations will not be held unsupported by the evidence.</p> <p>Landlord and Tenant—Injury to Leasehold — Action by Tenant.— A tenant for years in the possession of the leased property may maintain an action for any injury which interferes with his possession or the use and enjoyment of the property.</p> <p>Riparian Rights—Unlawful Diversion — Liability of Divertor. — An unlawful divertor of the waters of a natural stream cannot escape from liability to a riparian proprietor for his wrongful acts, by showing that other persons were making similar unlawful diversions.</p> <p>Findings. — The findings held to cover all the material issues raised by the pleadings.</p>