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65 Cal. 375

In re Bryan

California Supreme Court

Decided July 12, 1884

California Supreme Court · decided 1884-07-12

<p>Application for a writ of review. The facts are stated in the opinion.</p>

Cited by 3 later decisions — most recently April 1927

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1884-07-12

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The Court.

¶1The application for a writ of review herein must be denied.

¶2*376In our judgment the Superior Court in which the proceeding for condemnation was brought has full jurisdiction to prevent the plaintiff, or any one claiming under it, from taking possession of the land sought to be condemned, until the order for such taking possession has been made by said court. (Code Civ. Proc. § 1254.) If possession has been taken in advance of such order by the court allowing plaintiff to take possession, the Superior Court has power to have the possession restored to the defendant. Hence the applicant has a plain, speedy, and adequate remedy at law, by recourse by motion to the Superior Court above referred to.

¶3Writ denied and application dismissed.

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