Opinion

Hiller v. Collins

  • 63 Cal. 235
  • 1883 Cal. LEXIS 417
Court
California Supreme Court
Filed
Mar 7, 1883
Status
Published
Cited by
10 cases

The opinion

Per Curiam.

The rehearing in this case is denied.

*239 It is stated in the petition that the court (Department One) did not pass on a point made on the argument.

The appeal in this case is jirosecuted from an order refusing to dissolve an injunction, and the point relied on is this: Admitting that respondent had been injured by the acts of the officers of the corporation, he could not maintain this action, because he has his remedy by civil action under section 3, article 12, of the Constitution. The section of the Constitution referred to only affords an additional remedy, without taking away any that existed when the Constitution became the law of the land.

When such additional remedy is given, and the old one is not taken away, it is common law and common learning that the old one still continues. We see nothing in the point urged which affects the correctness of the conclusion reached by Department One.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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