Weaver v. Conger

Citations

• 10 Cal. 233
• 1858 Cal. LEXIS 222

Syllabus

<p>The facts set forth in the complaint, in this cause, are sufficient to sustain the action. Where a demurrer to the whole complaint is interposed, and the same is not good as to all, the demurrer should be overruled.</p> <p>There was no misjoinder of cause of action in this case.</p> <p>When a defendant pleads another suit pending between the same parties, and for the same cause of action, and it appears that no summons was ever issued upon the complaint, and that there was no voluntary appearance on the part of the defendant in such suit: Held, that there was no suit pending, and consequently no misjoinder of causes of action.</p> <p>Where parties have appropriated the prior right to the use of the water of a stream, by the commencement and partial completion of a ditch and flume, they have the right to use so much of the waters of the stream as are necessary to preserve their flume from injury, while in the process of construction.</p>