California Supreme Court, 1884

In re Bryan

California Supreme Court · Decided July 12, 1884

65 Cal. 375; 4 P. 304; 1884 Cal. LEXIS 560

Cases that cite this one

3 later published cases cite this decision.

Felton Water Co. v. Superior Court (Cal. Ct. App. 1927)
Neale v. Superior Court (Cal. 1888)
San Diego Land & Town Co. v. Neale (Cal. 1888)

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.

The application for a writ of review herein must be denied.

*376In our judgment the Superior Court in which the proceeding for condemnation was brought has full jurisdiction to prevent the plaintiff, or any one claiming under it, from taking possession of the land sought to be condemned, until the order for such taking possession has been made by said court. (Code Civ. Proc. § 1254.) If possession has been taken in advance of such order by the court allowing plaintiff to take possession, the Superior Court has power to have the possession restored to the defendant. Hence the applicant has a plain, speedy, and adequate remedy at law, by recourse by motion to the Superior Court above referred to.

Writ denied and application dismissed.

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