Walker v. Emerson
Citations
- 89 Cal. 456
- 26 P. 968
- 1891 Cal. LEXIS 836
Syllabus
<p>Injunction — Setting aside Restraining Order — Refusal to Grant Injunction. — In an action for a perpetual injunction, where the court issues a temporary restraining order pending an order to show cause why an injunction should not be granted to stay proceedings pending the final determination of the suit, the setting aside of the temporary restraining order by the court is, in effect, a refusal to grant the injunction.</p> <p>Id. — Water Rights — Diversion — Trespass — Injury to Right. — The diversion by a mere intruder of the water of a canal, by means of a ditch constructed across the land of the owner of the canal, may be enjoined by the owner as an injury to his right.</p> <p>Id.—Extent of Damage—Finding. ■—The right to an injunction does not depend upon the extent of the damage measured by the money standard, and is not defeated by a finding that plaintiff has not been actually damaged by the water taken.</p> <p>Id. — Disturbance of Possession — Easement. — A threatened act of a party which disturbs the possession of another, and which, if permitted to continue, would ripen into an easement, is sufficient to entitle the party disturbed to an injunction.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the trial court’s authority to weigh the credibility of witnesses in exercising its discretion to deny a motion to withdraw a guilty plea
- trial court was authorized to weigh credibility of defendant and defendant’s attorney at hearing on motion to withdraw and conclude defendant was not credible
- “A defendant may withdraw a guilty plea for any reason prior to sentencing, but can withdraw the plea after sentencing only to correct a manifest injustice.” (citation and punctuation omitted; emphasis supplied)
Source: CourtListener parenthetical corpus (CC0).
Judges: McFarland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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