Vilhac v. Stockton & Ione R.R.

Citations

• 53 Cal. 208
• 1878 Cal. LEXIS 112

Syllabus

<p>Eminent Domain.—Sec. 1284 O. O. P. unconstitutional.—The undertaking of sureties upon a hond to answer for damages that may he awarded for the taking of private property for a public use is not “just compensation ” within the meaning of the Constitution, art. 1, sec. 8. Sec. 1254 of the Code of Civil Procedure is unconstitutional.</p> <p>Pleading—Common-Law Obligation.—To enable a party to recover upon, an undertaking to answer for damages, all the material facts constituting the cause of action must be stated in the complaint.</p>