Legal Opinion

Bennett v. Twin Falls North Side Land & Water Co.

Idaho Supreme Court

Decided July 7, 1915PublishedCited by 23 opinions

An original application for a writ of mandate to the defendants, commanding the Land & Water Company to immediately assign, transfer and set over to the plaintiff forty shares of the capital stock of the North Side Canal Company and to cancel a certain lien and commanding the Canal Company to deliver to the plaintiff certain water for the irrigation of the forty acres of land described in the petition.

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An original application for a writ of mandate to the defendants, commanding the Land & Water Company to immediately assign, transfer and set over to the plaintiff forty shares of the capital stock of the North Side Canal Company and to cancel a certain lien and commanding the Canal Company to deliver to the plaintiff certain water for the irrigation of the forty acres of land described in the petition. In regard to the question as to who is the real owner of a water right represented by shares of stock in a water corporation, the courts have taken the view that the companies are in the nature…

1Opinion of the CourtSullivan, C. J.

— This is an original application to thin court for a writ of mandate to the Twin Falls North Side Land & Water Company, a corporation (which will hereafter be referred to as the Land & Water Company), and the North Side Canal Company, a corporation (which will hereafter be referred to as the Canal or Operating Company), commanding them to deliver water from their canal system to the plaintiff and to deliver forty shares of the capital stock of the Canal Company to the plaintiff, and to release the lien upon plaintiff’s land created by the water contract with the Land & Water Company.

A…

2Cases cited8 opinions

  1. Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
  2. Nielson v. ParkerIdaho Supreme Court · 1911
  3. Hard v. Boise City Irrigation & Land Co.Idaho Supreme Court · 1904
  4. Walbridge v. RobinsonIdaho Supreme Court · 1912
  5. Clark v. PaddockIdaho Supreme Court · 1913

3 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Clear Springs Foods, Inc. v. SpackmanIdaho Supreme Court · 2011
  2. American Falls Reservoir District No. 2 v. Idaho Department of Water ResourcesIdaho Supreme Court · 2007
  3. Sanderson v. Salmon River Canal Co.Idaho Supreme Court · 1921
  4. Andrews v. North Side Canal Co.Idaho Supreme Court · 1932
  5. In Re Appeal From the Department of ReclamationIdaho Supreme Court · 1931

18 more not listed; retrieve them via the Exa API.

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