Weyl v. Sonoma Valley R.R.

Citations

• 69 Cal. 202
• 10 P. 510
• 1886 Cal. LEXIS 654

Syllabus

<p>Appeal — Notice—Designation of Judgment or Order Appealed from, — A notice of appeal, sufficient in other respects, will not be held insufficient merely because it incorrectly states the date on which the judgment and order appealed from were entered, if the record on appeal shows that there has been but one judgment or order of the kind appealed from entered in the cause.</p> <p>Id. — Exception to Decision—Insufficiency of Evidence—Time of Appeal — Judgment.— An exception to the decision on the ground of the insufficiency of the evidence will not be reviewed on an appeal from the judgment, unless the appeal is taken within sixty days after the rendition of the judgment.</p> <p>New Trial—Notice—Minutes oe Court — Evidence —■ Specification of Particulars. —A notice of motion for a new trial, to be made upon the minutes of the court, on the ground that the findings and decision are not justified by the evidence, must specify the particulars wherein the evidence is claimed to be insufficient.</p> <p>Street—Deed Bounded by—Owner Presumed to Hold to Center— Sonoma Pueblo Lands — Sales of.—Under section 831 of the Civil Code, the owner of land bounded by a road or street is presumed to own to the center of the way, unless the contrary be shown; and if the land be described in a deed as so bounded, it is presumed to extend to the center of the street or road, unless a contrary intention appear. This rule obtains as to sales of Sonoma pueblo lands made by the pueblo commissioners under the act of March 30, 1868.</p> <p>Id. —Owner may Maintain Ejectment for Street. —The owner in fee of land, subject to an easement over it for a public highway, may maintain ejectment against an intruder.</p> <p>Id.—Use of Street by Steam Railroad—Compensation to Abutting Proprietor. — A steam railroad corporation cannot acquire a right of way for its road over a street in a municipality, the fee in which is owned by an abutting proprietor, except upon compensation first made to him.</p>