Tolle v. Correth
Texas Supreme Court
Appeal from Comal. The case was tried before Hon. George H. Hoonan, one of the district judges. The trial was for damages for obstructing a water-course, or, rather, using it for irrigation purposes, so as to weaken the stream before it reached the land of the plaintiff. The defendant pleaded that he owned the stream, and had the right thus to use the water.
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Appeal from Comal. The case was tried before Hon. George H. Hoonan, one of the district judges. The trial was for damages for obstructing a water-course, or, rather, using it for irrigation purposes, so as to weaken the stream before it reached the land of the plaintiff. The defendant pleaded that he owned the stream, and had the right thus to use the water. The verdict was for the defendant, and the only question considered was the right of the plaintiff to use the water for irrigating purposes.
1Opinion of the Court
Morrill, O. J.
—A motion is made in this case by the defendant in error to dismiss the writ of error, because: 1st. The petition for the writ of error is defective; and,-,2d. There is no legal bond.
There is nothing in the statutes defining the requisitions of a petition for writ of error except what is to be inferred from the duties imposed on the clerk where it shall have been filed.
The petition in this ease gives the name and residence of the opposite party, the county in which the judgment was obtained, the term of the court, the number of the cause on the docket, and the judgment, asserts…
2Cases cited1 opinion
- Rhodes v. WhiteheadTexas Supreme Court · 1863
3Cited by7 opinions
- Watkins Land Co. v. ClementsTexas Supreme Court · 1905
- In Re Adjudication of the Water Rights, Etc.Texas Supreme Court · 1982
- Mud Creek Irrigation, Agricultural, & Manufacturing Co. v. VivianTexas Supreme Court · 1889
- Lonsdale Co. v. City of WoonsocketSupreme Court of Rhode Island · 1903
- Fleming v. DavisTexas Supreme Court · 1873
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