Tomlinson v. Rubio

Decided July 1, 1860

California Supreme Court · decided 1860-07-01

Bill for an injunction. The complaint avers, in substance: 1. That, in 1856, Augustus W. Timms erected, at the port of San Pedro, a warehouse and wharf, leading therefrom out into the Pacific ocean—both of which were so erected on the beach of the ocean below high water mark.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-01

How this case has been cited

Cited by 4 later decisions — most recently December 1910

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Baldwin, J. delivered the opinion of the Court

¶1Cope, J. concurring.

¶2This bill was filed for an injunction to restrain the defendants from taking possession of certain real estate—being a warehouse and premises. The bill does not aver the insolvency of the defendants, nor show *207that there is no adequate remedy at law. The action of forcible entry and detainer would, upon the facts,-be a speedy mode of regaining a possession taken as the bill charges the defendants are preparing to take possession of this property; while,' for any other damages, the usual proceeding at law would be a sufficient and effectual remedy. That this estate is used by the plaintiff in connection with business which would be interrupted by this threatened trespass, is not alone a ground for equitable interposition; for this is, if not the usual, a very frequent consequence of such trespasses.

¶3Judgment affirmed.