Legal Opinion

Kelly v. Granite Bi-Metallic Con. Mining Co.

Montana Supreme Court

Decided March 26, 1910No. 2,710PublishedCited by 10 opinions

Appeal from District Court, Granite County; Geo. B. Winston, Judge. Action by Sidney A. Kelly against Annie M. Hynes and others. There was a decree in favor of plaintiff, and defendants, Annie M. Hynes, Thomas F. Hynes, and R. R. McLeod and the defendants Granite Bi-Metallic Consolidated Mining Company and Fred Bnrr & Granite Ditch Company appeaL

1Opinion of the CourtChief Justice Brantlt

This action was1 brought to determine the rights of the plaintiff and the defendants Hynes and wife and McLeod to the use of the water flowing in Fred Burr creek, in Granite county, and to adjust the relative priorities and amounts of their respective appropriations. As indicated by the annexed outline *3map, the stream has its sources on the west slope of the mountains, and flows into the valley toward the northwest.

At some distance below the junction of its three principal branches are situated agricultural lands, owned and occupied by the plaintiff and the defendants Hynes and McLeod. To…

2Cases cited5 opinions

  1. Bordeaux v. BordeauxMontana Supreme Court · 1905
  2. Finlen v. HeinzeMontana Supreme Court · 1905
  3. Pope v. AlexanderMontana Supreme Court · 1907
  4. Watkins v. WatkinsMontana Supreme Court · 1909
  5. Sayre v. JohnsonMontana Supreme Court · 1905

3Cited by10 opinions

  1. Donich v. JohnsonMontana Supreme Court · 1926
  2. Featherman v. HennessyMontana Supreme Court · 1911
  3. Federal Land Bank v. MorrisMontana Supreme Court · 1941
  4. Granite County Board of Commissioners v. McDonaldMontana Supreme Court · 2016
  5. Gwynn v. City of PhilipsburgMontana Supreme Court · 1971

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