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

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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