Parsons v. Tuolumne Co. Water Co.

Citations

• 5 Cal. 43

Syllabus

<p>Each branch of the judicial department has its functions assigned by the Constitution. and is beyond the control of either of the other departments of the Government.</p> <p>The term “ special cases” in the Constitution, does not include any class of cases for which the Courts of general jurisdiction have always supplied a remedy.</p> <p>The ‘‘special cases” must lie confined to such new cases as are the creation of statutes, and the proceedings under which are unknown to the general framework of Courts of' common law and equity.</p> <p>The action to prevent or abate nuisances is not one of this class.</p> <p>An Act, therefore, conferring upon the County Courts jurisdiction in such actions, is unconstitutional and void.</p>