Knight

Knight v. Cohen

Good Law
1907 Cal. App. LEXIS 53·7 Cal. App. 43·93 P. 396
Court of Appeal of CaliforniaNovember 22, 1907Civ. No. 421.California2,119 words

Opinion

lead Opinion

Shaw, J.

J.—This is an action brought to obtain an injunction' against defendants restraining them from cutting or otherwise interfering with a pipe-line of plaintiff’s extending across the land of appellant Emily G. Cohen, and by means whereof plaintiff conducts to the consumers thereof certain waters developed upon contiguous lands.

The case was submitted upon an agreed statement of facts, it being stipulated that the court might base its conclusions of law thereupon and render judgment accordingly. The court adopted the statement of facts as its findings, and, in addition thereto, found that all the allegations of the complaint were true and that all of the denials of the answer to the complaint were untrue. These two findings should, if findings be necessary in such a case, dispose of the contention of appellant. It has been held, however, that where a case is submitted upon an agreed statement of facts no findings are necessary, the only question being as to what is the law applicable to those facts. (Gregory v. Gregory, 102 Cal. 50 , [ 36 Pac. 364 ] ; McMenomy v. White, 115 Cal. 339 , [ 47 Pac. 109 ].) This being true, it is necessary to call attention to such parts of this lengthy…

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