Wishon

Wishon v. Superior Court

Good Law
138 Cal. 73·1902 Cal. LEXIS 453·70 P. 1007
Supreme Court of CaliforniaDecember 16, 1902S.F. No. 3190.California870 words

Opinion

Lead Opinion

Harrison, J.

Application for a writ of review. The affidavit of the petitioner sets forth that the superior court of Tulare County rendered its judgment May 18, 1900, in an action then pending in that court, wherein J. H. Stuffelbeem was plaintiff and Mary Adelsbach et al. (including the petitioner herein) were defendants, by which it adjudged and decreed that the said Stuffelbeem was the owner of the right of way for a ditch across the northeast quarter of section 14 in a certain township in the county of Tulare, “with the north bank thereof on the south line of the north half of the northeast quarter of said section 14,” and entitled to clean out and operate the said ditch for the purpose of conveying water through the same to his lands for irrigation and other useful purposes, and enjoining the defendants, and each of them, from in any manner preventing him from cleaning out, or opening up, or operating a ditch upon said right of way; that the petitioner herein was at that time, and is still, the owner of certain land “lying north of the south line of the north half of the northeast quarter of said section 14”; that after the rendition of said judgment, John Bashore became the successor in…

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