Stewart

Stewart v. Superior Court of San Diego Cty.

Good Law
100 Cal. 543·1893 Cal. LEXIS 831·35 P. 156
Supreme Court of CaliforniaDecember 27, 1893No. 15482California1,350 words

Opinion

lead Opinion

Paterson, J.

This is an application for a writ of review to annul an order of the court below adjudging petitioners guilty of contempt, for the disobedience of its judgment.

It appears that the petitioners, Julia V. Stewart and W. B. Prentice, entered into a contract with one Hill, whereby they agreed to deliver to the latter or his executors, representatives, and assigns, at a certain point on the line of their pipe, water not to exceed ten miner’s *544 inches in perpetual flow under a four-inch pressure, for a term of twenty years. Thereafter Hill sold and assigned all his rights under the contract to one J. W. Sefton, who constructed a pipe-line extending from the point mentioned in the contract to his ranch, and thereupon demanded of Stewart and Prentice that he be allowed to make a direct connection between his pipe and the pipe-line of Stewart and Prentice, and to divert from the flume two inches of water. This demand was refused by Stewart and Prentice, who claimed that he had no right to make such connection, whereupon Sefton instituted an action against them, in which, upon proper allegations made, he prayed that an injunction might issue commanding the defendants not to interfere…

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