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7 Cal. 288

Hensley v. Tarpey

California Supreme Court

Decided July 1, 1857

California Supreme Court · decided 1857-07-01

This was an appeal, by the plaintiffs below, from an order dissolving an injunction restraining the defendant from digging up or carrying away lime rock, and from cutting down, breaking, wasting, and carrying away any of the redwood timber, or other trees, being on the rancho of Canada del Rincon.

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

How this case has been cited

Cited by 3 later decisions — most recently July 1911

3 state decisions

101857186018701880189019001910decided

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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Murray, C. J.,

¶1delivered the opinion of the Court—Burnett, J., and Terry, J., concurring.

¶2On the trial of this cause in the Court below, no sufficient predicate was laid for the introduction of certified copies of the original grant and other documents, and the evidence being only secondary, was properly rejected.

¶3The Courts of this State are not bound to take official notice of the rules adopted for the regulation of the various departments of the federal government, or those established by the Board of Land Commissioners or Surveyor-General of the United States for California. If these officers have adopted a rule, refusing to allow original papers to be taken from the the files, that fact should have been shown by affidavit, before evidence of their contents could be admitted.

¶4Judgment affirmed.

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