Colorado Milling & Elevator Co. v. Larimer & Weld Irrigation Co.
Supreme Court of Colorado
Drror to the District Court of Larimer County. By the pleadings, the issue was made between the plaintiff in error, as plaintiff below, and defendants in error, as defendants in the trial court, as to which had the prior right to the use of water from the Cache la Poudre river.
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Drror to the District Court of Larimer County. By the pleadings, the issue was made between the plaintiff in error, as plaintiff below, and defendants in error, as defendants in the trial court, as to which had the prior right to the use of water from the Cache la Poudre river. The former claimed such right for power purposes; the latter, for irrigation, and as an affirmative defense, pleaded the rendition of a decree in adjudication proceedings had in the district in which this stream is situate, averring that the predecessors of plaintiff, as the owners of the ditch through which it claimed…
1Opinion of the CourtJustice Gabbert
The conclusion of the trial court that plaintiff was estopped from averring or proving a state of facts contrary to the terms and conditions of the decree entered in the adjudication proceedings, may be correct in the abstract, but it is not necessary to determine that proposition, because, under the issues and the evidence it was not the controlling one in this case, or the one upon which the rights of the parties alone depended. Conceding that this decree was res judicata between the parties, it was only so to the extent of the matters thereby adjudicated, namely, the right of the…
2Cases cited7 opinions
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- New Mercer Ditch Co. v. ArmstrongSupreme Court of Colorado · 1895
- Ortman v. DixonCalifornia Supreme Court · 1859
- Cache La Poudre Reservoir Co. v. Water Supply & Storage Co.Supreme Court of Colorado · 1898
- Proctor v. JenningsNevada Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fort Collins Milling & Elevator Co. v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1914
- New Loveland & Greeley Irrigation & Land Co. v. Consolidated Home Supply Ditch & Reservoir Co.Supreme Court of Colorado · 1900
- Del Norte Irrigation District v. Santa Maria Reservoir Co.Supreme Court of Colorado · 1941
- Ackerman v. City of WalsenburgSupreme Court of Colorado · 1970
- City of Grand Junction v. Kannah Creek Water Users Ass'nSupreme Court of Colorado · 1976
9 more not listed; retrieve them via the Exa API.