Juneau Water Co. v. Jualpa Co.
District Court, D. Alaska
This suit was brought to restrain the defendants from impounding the waters of Gold creek, and from interfering with the course and flow of the waters of the creek. The specific performance of a certain contract is also sought. A few days prior to the trial of the cause, a supplemental complaint was tendered, and finally amended and filed. The suit was then tried, a jury being impaneled to assist the court in passing upon certain questions of fact.
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This suit was brought to restrain the defendants from impounding the waters of Gold creek, and from interfering with the course and flow of the waters of the creek. The specific performance of a certain contract is also sought. A few days prior to the trial of the cause, a supplemental complaint was tendered, and finally amended and filed. The suit was then tried, a jury being impaneled to assist the court in passing upon certain questions of fact. The jury returned answers to the specific questions submitted to them, which were for the defendants. Some time after the trial, on January 5,…
1Opinion of the Court
GUNNISON, District Judge.
From the foregoing statement it will be seen that the pleadings were duly settled, the’ cause tried by the court with the assistance of a jury, which returned special answers to questions propounded, the cause argued and submitted to the court, and that the court had' given a written opinion in the case; but no decree has ever been signed or entered. It therefore becomes a question whether the written opinion of the court filed in the cause is’ to be taken as the formal findings of fact and conclusions of law required by the Code. A perusal of section 372, p. 226; of…
2Cases cited4 opinions
- Loftus v. FischerCalifornia Supreme Court · 1896
- McLeod v. City of New AlbanyCourt of Appeals for the Seventh Circuit · 1895
- Gillette v. Bate Refrigerating Co.United States Circuit Court · 1882
- Allis v. StowellU.S. Circuit Court for the District of Eastern Wisconsin · 1880
3Cited by1 opinion
- Starns v. HumphriesCourt of Appeals for the Ninth Circuit · 1951