Marius v. Bicknell

Citations

• 10 Cal. 217
• 1858 Cal. LEXIS 218

Syllabus

<p>Counsel, in the trial of a cause, can not object that the Court did not render judgment on the special verdict of the jury, where they have stipulated that such additional facts may be found by the Judge, as would, in his judgment, be sufficient to present all the questions raised by the pleadings.</p> <p>Where a suit is brought to test the question as to the priority of appropriation of water, a prayer for an injunction, to prevent future injury, is proper.</p> <p>An objection that different causes of action have been improperly joined, is waived by the failure of defendants to demur.</p> <p>In an action to try the right to the use of water and for damages for diverting it, where the amount for which judgment is given is less than $200, it will carry costs.</p>