Crites v. Wilkinson (1884) · DecisionDepot

Crites v. Wilkinson

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jan 29, 1884Published

AI Brief

AI-generated · verify before citing

Holding. The court held that the evidence was insufficient to support the finding that the plaintiff acquired the right to divert one hundred inches of water from the stream. Consequently, the judgment and the order denying a new trial were reversed.

Issues

Whether the evidence supports the finding that the plaintiff acquired the right to divert one hundred inches of water from the stream.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“we have read the record attentively, and find no evidence to support the finding of the court below, to the effect that the plaintiff acquired the right to divert from the stream mentioned in the record one hundred inches of its water”

Synopsis

Appeal.—Where There is No Evidence to Support the Findings of the court below, the judgment will be reversed.

By the COURT. We have read the record attentively, and find no evidence to support the finding of the court below, to the effect that the plaintiff acquired the right to divert from the stream mentioned in the record one hundred inches of its water, measured under a four-inch pressure. The judgment securing him that right, as well as the order refusing the defendant a new trial, must therefore be reversed.

Judgment and order reversed and cause remanded for a new trial.

Crites v. Wilkinson

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief