Stockton & Linden Gravel Road Co. v. Stockton & Copperopolis Railroad
THE STOCKTON AND LINDEN GRAVEL ROAD COMPANY v. THE STOCKTON AND COPPEROPOLIS RAILROAD COMPANY, and E. S. HOLDEN, A. CLARK, FRANCES AVERY, A. JACKSON, D. H. McDonald, J. H. MOULTON, EUGENE SULLIVAN, SAMUEL PURDY, and A. H. WHITNEY
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
The plaintiff was a corporation de facto at all events, and, as such, was in the undisputed possession and control of the road running along East street and Weber Avenue, under the grant it obtained from the Board of Supervisors of San Joaquin County, pursuant to the provisions of the Act of March 14th, 1868, enlarging the powers of the Board. In this condition of things the defendant entered upon the road along-Weber Avenue and took it into possession, and now undertakes to defend this action on the ground that the plaintiff was not a corporation de jure, nor de jure entitled to the franchise of which it has been by this means deprived.
We think that, under such circumstances, the title of the plaintiff cannot be inquired into by the defendant, who is a mere intruder upon the Weber Avenue road, and that, until ousted by some direct proceeding instituted for that purpose, its possession cannot be rightfully disturbed.
There is nothing in the other points.
Order denying new trial reversed and cause remanded.
Cited by
- Supreme Lodge of the World v. Los Angeles Lodge No. 386 L. A. No. 4069. · 1917-12-31
- Los Angeles Holiness Band v. Spires L.A. No. 502. · 1899-11-06
- Bakersfield Town Hall Ass'n v. Chester No. 6,687 · 1880-07-01
- People v. Hagar No. 4858 · 1877-07-01