Brady

Brady v. Sutter Butte Canal Co.

Caution
1929 Cal. App. LEXIS 517·99 Cal. App. 368·278 P. 505
Court of Appeal of CaliforniaJune 10, 1929Docket No. 3817.California1,533 words

Opinion

Lead Opinion

Plummer, J.

This action is before us upon the plaintiff’s appeal from a judgment of the Superior Court of the state of California, in and for the county of Sutter, entered in favor of the defendant after sustaining defendant’s demurrer to the plaintiff’s amended complaint without leave to amend.

The amended complaint sets forth the following facts: That at all the times mentioned in the complaint the defendant was a corporation organized and existing under the laws of this state, having its principal place of business in Gridley, county of Butte, state of California; that the defendant is a public utility furnishing water for irrigation to consumers in the counties of Butte and Sutter, in said state; that at all the times mentioned in the complaint one Edgar Preston Brinegar was the owner, and one Rudolph Knox was in possession and entitled to the possession of that certain land in the county of Sutter, state of California, described as follows: (here follows a particular description of the lands alleged to belong to Edgar Preston Brinegar, situate in "the county of Sutter, state of California, containing 450 acres, more or less); that at all the times mentioned in the complaint the…

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