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California Southern Railroad Co. v. Southern Pacific Railroad Co.

Supreme Court of California
May 29, 1884
65 Cal. 295 (Cal. 1884)

Opinion

         APPEAL from an order of the Superior Court of the county of San Diego.

         COUNSEL:

         A. B. Hotchkiss, for Appellant.

         M. A. Luce, for Respondent.


         OPINION

         The facts sufficiently appear in the opinion of the court.

         THE COURT.

         This is an appeal from an order denying a motion made by the defendant to set aside the final order of condemnation, made in certain condemnation proceedings. The order denying the motion is not appealable. "It was," as said in Henley v. Hastings, 3 Cal. 342, "the mere negative action of the court declining to disturb its first decision. It is that decision which is the proper subject of complaint, and the refusal to alter it any number of times would not make it less so."

         The appeal is dismissed.


Summaries of

California Southern Railroad Co. v. Southern Pacific Railroad Co.

Supreme Court of California
May 29, 1884
65 Cal. 295 (Cal. 1884)
Case details for

California Southern Railroad Co. v. Southern Pacific Railroad Co.

Case Details

Full title:CALIFORNIA SOUTHERN RAILROAD COMPANY, RESPONDENT, v. SOUTHERN PACIFIC…

Court:Supreme Court of California

Date published: May 29, 1884

Citations

65 Cal. 295 (Cal. 1884)
4 P. 13

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