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4 Cal. 236

Fitzgerald v. Urton

California Supreme Court

Decided July 15, 1854

California Supreme Court · decided 1854-07-15

This was a proceeding instituted by the plaintiff Fitzgerald, in the Ninth Judicial District Court, against the defendants, Urton et al. to abate a nuisance, laying his damages at $250, * and praying for a perpetual [236] injunction against them in the commission of the same.

Good law ✅— No negative treatment on recordhow we know

Decided 1854-07-15

How this case has been cited

Cited by 10 later decisions — most recently May 1940

1 federal appellate · 9 state decisions

301854186018701880189019001910192019301940decided

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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Mr. Justice Heydeneeldt

¶1delivered the opinion of the Court..

Mr. Ch. J. Murray concurred.

¶2We can see no reason why the District Court denied its jurisdiction. It has been suggested that the reason may/ have been, because the Act, etc., gives jurisdiction of cases of nuisance to the County Court; but surely this cannot avail to take away the jurisdiction given to the District Court by the Constitution.

¶3The judgment is reversed and the-cause remanded.

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