Irwin v. Phillips
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, Nevada County. The material facts of the case are contained in the opinion of the Court. At the trial, the jury found that the possession of the plaintiff was anterior to that of the defendants, and under instructions from the Court", found for the plaintiff. Defendants’ counsel excepted to the ruling of the Court, and from the final judgment entered in the canse, appealed.
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
The several assignments of error will not be separately considered, because the whole merit of the case depends really on a single question, and upon that question the case must be decided. The proposition to be settled is whether the owner of a canal in the mineral region of this State, constructed for the purpose of supplying water to miners, has the right to divert the water of a stream, from its natural channel, as against the claims of those who subsequent to the diversion take up lands along the banks of the stream, for the purpose of mining. It must be premised…
2Cases cited1 opinion
- Hicks v. BellCalifornia Supreme Court · 1853
3Cited by42 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- United States v. Gerlach Live Stock Co.Supreme Court of the United States · 1950
- United States v. State Water Resources Control BoardCalifornia Court of Appeal · 1986
- Thayer v. California Development Co.California Supreme Court · 1912
- Lux v. HagginCalifornia Supreme Court · 1886
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