Lockwood v. Freeman
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. Action to determine the rights and priorities to the waters of Short’s creek for mining and irrigation. Judgment for the plaintiff. It is not sufficient to allege in general terms that the injury is irreparable.
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APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. Action to determine the rights and priorities to the waters of Short’s creek for mining and irrigation. Judgment for the plaintiff. It is not sufficient to allege in general terms that the injury is irreparable. That question is one for the court, and is to be determined from the facts stated by the complainant. {Frink v. Stewart, 94 N. C. 486; quoted in note to Dudley v. Hurst, 67 Md. 44, 1 Am. St. Rep. 378, 8 Atl. 901; Beal Del Monte Min. Co. v. Pond Min. Co., 23 Cal. 82; 22 Cyc.…
1Opinion of the CourtSullivan, J.
This action was commenced to determine the priorities and rights of the several parties to the action, to the water of a small stream known as Short’s creek, situated in Idaho county. The action was commenced May 14, 1907, and on June 22, 1907, an application was made for a restraining order to prevent the defendants from using the waters of said creek. Said application was granted and the restraining order issued. A motion was made to dissolve the restraining order, which application was denied. The defendants, Frank Freeman and R. P. Pinnell, filed their answer disclaiming any interest…
2Cited by10 opinions
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- Beach v. Superior Court of Apache CountyArizona Supreme Court · 1946
- Pioneer Irrigation District v. American Ditch Ass'nIdaho Supreme Court · 1931
- Keller v. Magic Water CompanyIdaho Supreme Court · 1968
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