California Supreme Court, 1860

Tomlinson v. Rubio

California Supreme Court · Decided July 1, 1860 · Baldwin

16 Cal. 202; 1860 Cal. LEXIS 208

Cases that cite this one

3 later published cases cite this decision.

Tevis v. Ellis (Cal. 1864)
Barnes v. Newton (Okla. 1897)
Ketchum v. Crippen (Cal. 1869)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

This bill was filed for an injunction to restrain the defendants from taking possession of certain real estate—being a warehouse and premises. The bill does not aver the insolvency of the defendants, nor show *207that there is no adequate remedy at law. The action of forcible entry and detainer would, upon the facts,-be a speedy mode of regaining a possession taken as the bill charges the defendants are preparing to take possession of this property; while,' for any other damages, the usual proceeding at law would be a sufficient and effectual remedy. That this estate is used by the plaintiff in connection with business which would be interrupted by this threatened trespass, is not alone a ground for equitable interposition; for this is, if not the usual, a very frequent consequence of such trespasses.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.