Amador ledger., 1909-11-12
CARIBALDI VS.. GRILLO.
Opinion of the Superior Court Deny
ing Petition for an Injunction.

This is an application by plaintiffs,
after trial but before the entry of judg-
ment, for an injunction to restrain de-
fen dants from working certain placer
ground and extracting gold bearinggravel
therefrom. The motion is presented
upon affidavits.
The complaint is in the ordinary
form in an action to quiet title and prays
for a decree adjudging plaintiffs to be
the owners of the property that defend
ants have no interest therein and that
they be debarred from asserting any
claim thereto. Defendants by their
answer deny plaintiffs ownership and by
cross complaint allege title in them
selves that plaintiffs claim an interest
and that such claim of interest is with
out right and pray for judgment accord
ingly.
This action went to trial upon the
merits, and was submitted to the court
for decision, and upon Sept. l6, 1909,
this court rendered its opinion that both
plaintiffs and defendants had failed
to connect with the paramount title OF
United States in the mining ground and
that neither was entitled TO any relief in
the action. No express direction was
given to either side to prepare findings
in the case, and the decision having
been adverse to both parties, no action
was taken by either toward the prepara-
tion of findings or the entry of a stip-
| pulation waving the same
In this condition of the case plaintiffs
presented an affidavit alleging that de-
PENDANTS are in possession of the twenty
acres of mining property in dispute; are
actively engaged in moving the gold
bearing gravel from beneath the surface
thereof and converting the same to their
use; that unless restrained by the court
they will entirely work out the body of
pay gravel in said claim and render the
claim valueless to plaintiffs or greatly
reduce it in value in case they finally
prevail in the action; that there will
be delay in entering judgment in the
action and that it is the purpose of
plaintiffs in good faith TO prosecute
this action to a final determination to
the highest court having jurisdiction of
the same. ?"
After the filing of this application for
an injunction the judge of this court
prepared and filed findings in this case,
but entry of judgment thereon was
stayed by this court, in order that plain
tiffS' motion for an Injunction should not
be prejudced.
Defendants vigorously assai the
power of the trial court to grant an in
junction to the defeated party after trial
and before the entry of judgment, but
am inclined to the opinion that upon
the showing made that were any con-
siderable time to elapse before the en-.
try of the judgment herein, this court
should grant the Injunction.
Our code of civil procedure Sec. 527,
provides that an injunction may be
granted at any time before judgment,
and so far as temporary injunctions are
concerned it makes no distinction be-
tween applications made by plaintiffs or
defendants.
In Condee V. Barton, 62 Cal. page 5,
it was held that a trial court had the
power to change its conclusions of law
upon the findings at any time before
entry of judgment, and that no judgment
was final until the same was recorded.
Within the purview of this decision
there can be no defeated party until the
entry of judgment. Now it wonld be
an anomalous condition in the law
which allows a party to an action to
apply for an Injunction before judgment,
to deny him relief because the Judge
had merely announced in his opinion
that he had failed to make out a case
We know the judges frequently do
change their opinions. The Judge may
have rendered an opinion that party to
an action is entitled to judgment and
before the entry of judgment or filing
of findings he may have grave doubts as
to correctness of his opinion. Ger
tanly il can not be said that while thus
considering the case it is within the
power OF such party to commit irrepar-
able injury to the property, unrestrained
by any action OF the court.
While it is alleged in plaintiffs afti-
dayit that there will be delay in the en-
try of judgment in this case, the records
OF the court disclose that a judgment
may be entered Immediately, after the