Reports of Cases Determined in the Supreme Court of the State of California (Volume 13)

9781153889995: Reports of Cases Determined in the Supreme Court of the State of California (Volume 13)
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... Ruthrnuff v. Kresa. proven; provided, it be shown that the said originals are not under the control of the party offering the said copies, or are lost," and this showing is properly made by the affidavit of the party. Judgment affirmed. RUTHRAUFE et al. v. KRESZ of als. Tj.ndrr the statute, the County Judge may grant an injunction in caws in the District Court, but he cannot appoint a Receiver; at leaBt, not as a thing distinct from the injunction. Appeal from the Fifth District. Suit to recover a portion of a "Tunnel Gold Mining Claim," alleged to be wrongfully seized and worked by defendants, for damages and an injunction pending the suit. J. P. Vaughan, for Petitioner. Baldwin, J., delivered the opinion of the Court--Terry, C. J., concurring. The plaintiff, at the rime of filing his complaint, obtained from the Judge of the County Court an order of injunction to restrain the defendants from working the premises in dispute, and requiring them to appear before him at chambers, to show cause why the injunction should not be made "perpetual pending the action." The County Judge dissolved the injunction, but appointed a Receiver: to which the defendant excepted, and now. by certiorari, brings the ense here on appeal from this order. By Section 9 of Article C of the Constitution., it is provided that "the County Courts shall have such jurisdiction in cases arising in Justices' Courts, and in special cases, as the Legislature may prescribe, but shall have no original civil jurisdiction except in such special cases." The Legislature has given (Wood's Digest, 181,) to the County Judge power to grant an injunction: but it seems that no power is given him to appoint a Receiver; certainlv not as a distinct proceeding from the injunction. This, would be an order, l...

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