Newport Water Co. v. Kellogg
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. R. N. Dunn, Judge. Action to obtain injunction and for damages. Judgment for plaintiff. The demurrer to the complaint on the ground it does not state facts sufficient to constitute a cause of action should be sustained.
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APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. R. N. Dunn, Judge. Action to obtain injunction and for damages. Judgment for plaintiff. The demurrer to the complaint on the ground it does not state facts sufficient to constitute a cause of action should be sustained. The complaint contains no allegation to the effect that the plaintiff corporation has acquired a water right, or has complied with the laws of the state of Idaho regulating the appropriation and diversion of waters. There is no allegation in the complaint that the plaintiff has sustained…
1Opinion of the CourtRice, J.
This action was brought by the Newport Water Company, a corporation, against appellants William G. Kellogg and Lillie Kellogg, his wife, to obtain a perpetual injunction restraining appellants from further extending and enlarging a certain ditch, and a mandatory injunction requiring them to fill the ditch already constructed, and for damages. The respondent company was organized for the purpose of supplying water to the town of Newport, part of which is in the state of Idaho and part in the state of Washington. On November 25, 1904, appellants conveyed to the respondent, by warranty deed,…
2Cases cited6 opinions
- State v. MaguireIdaho Supreme Court · 1917
- Joyce v. RubinIdaho Supreme Court · 1913
- Crowley v. Croesus Gold & Copper Mining Co.Idaho Supreme Court · 1906
- McCormick v. SmithIdaho Supreme Court · 1913
- Mode, Ltd. v. MyersIdaho Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Miller v. ProutIdaho Supreme Court · 1921
- Close v. RensinkIdaho Supreme Court · 1972
- In Re Rights to Use of Waters of Silvies RiverOregon Supreme Court · 1924
- Hill v. PorterIdaho Supreme Court · 1924
- Lus v. PecararoIdaho Supreme Court · 1925
13 more not listed; retrieve them via the Exa API.