California Supreme Court, 1884

California Southern Railroad v. Southern Pacific Railroad

California Southern Railroad v. Southern Pacific Railroad
California Supreme Court · Decided May 29, 1884
65 Cal. 295; 4 P. 13; 1884 Cal. LEXIS 527
California Southern Railroad v. Southern Pacific Railroad

Cases that cite this one

8 later published cases cite this decision.

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

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.

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