Montgomery v. Sullivan

California Court of Appeal

Montgomery v. Sullivan

190 Cal. App. 2d 874, 12 Cal. Rptr. 59, 1961 Cal. App. LEXIS 2382

CourtCalifornia Court of Appeal

DecidedMarch 24, 1961

DocketCiv. No. 9984

StatusPublished

This text of 190 Cal. App. 2d 874 (Montgomery v. Sullivan) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Montgomery v. Sullivan, 190 Cal. App. 2d 874, 12 Cal. Rptr. 59, 1961 Cal. App. LEXIS 2382 (Cal. Ct. App. 1961).

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Opinion

SCHOTTKY, J.

This ease involves the same issues as the case of Puckett v. Sullivan, ante, p. 489 [12 Cal.Rptr. 55], 3 Civil Number 10002, in which our opinion was this day filed. Although the two eases were tried separately and decided by different judges, the only factual difference of any significance is that the Montgomery property is farther removed from the area of the cut than the Puckett property. Both appellant and respondents agree that this court’s decision in the Puckett case will control the decision in the instant ease.

For the reasons set forth in Puckett v. Sullivan, supra, the judgment is affirmed.

Van Dyke, P. J., and Peek, J., concurred.

A petition for a rehearing was denied April 21, 1961, and appellant’s petition for a hearing by the Supreme Court was denied May 16, 1961.

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SCHOTTKY, J.

This ease involves the same issues as the case of Puckett v. Sullivan, ante, p. 489 [12 Cal.Rptr. 55], 3 Civil Number 10002, in which our opinion was this day filed. Although the two eases were tried separately and decided by different judges, the only factual difference of any significance is that the Montgomery property is farther removed from the area of the cut than the Puckett property. Both appellant and respondents agree that this court’s decision in the Puckett case will control the decision in the instant ease.

For the reasons set forth in Puckett v. Sullivan, supra, the judgment is affirmed.

Van Dyke, P. J., and Peek, J., concurred.

A petition for a rehearing was denied April 21, 1961, and appellant’s petition for a hearing by the Supreme Court was denied May 16, 1961.

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190 Cal. App. 2d 874, 12 Cal. Rptr. 59, 1961 Cal. App. LEXIS 2382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-sullivan-calctapp-1961.

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