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In re Bryan

IN THE MATTER OF THE APPLICATION OF M. BRYAN FOR A WRIT OF REVIEW

In re Bryan, 4 P. 304 (Cal. 1884)
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Court
California Supreme Court · State Highest Courts
Decided
July 12, 1884
Docket
No. 9,648
Citations
4 P. 30465 Cal. 3751884 Cal. LEXIS 560
Syllabus
Wmr of Review—Right of Possession—Condemnation of Lands.—A court in which an action for condemnation of lands has been brought, has jurisdiction, on motion, to prevent the plaintiff from taking possession of the land until an order of the court is made authorizing it. If possession be taken before such order, it may be restored on motion to the court in which the action is pending.
Summary
Application for a writ of review. The facts are stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The Court.

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

*376 In 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.

Writ denied and application dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1888: 21927: 118882026peak 1888 · 2

Relies on it most ⓘ

  1. Felton Water Co. v. Superior Court256 P. 255 (Cal. Ct. App. 1927)
  2. San Diego Land & Town Co. v. Neale20 P. 380 (Cal. 1888)
  3. Neale v. Superior Court18 P. 790 (Cal. 1888)

Most recent

  1. Felton Water Co. v. Superior Court256 P. 255 (Cal. Ct. App. 1927)
  2. San Diego Land & Town Co. v. Neale20 P. 380 (Cal. 1888)
  3. Neale v. Superior Court18 P. 790 (Cal. 1888)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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