Conrow v. Huffine
Montana Supreme Court
Appeal from District Court, Gallatin County; J. M. Clements, a Judge of the First Judicial District, presiding. Action by S. H. Conrow against Franz Huffine and others. Decree for defendants, and plaintiff appeals. After diligent search and study we have been unable to find any specific declaration of this court as to the duty of water in any given instance.
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Appeal from District Court, Gallatin County; J. M. Clements, a Judge of the First Judicial District, presiding. Action by S. H. Conrow against Franz Huffine and others. Decree for defendants, and plaintiff appeals. After diligent search and study we have been unable to find any specific declaration of this court as to the duty of water in any given instance. General rules have been laid down in many eases by which this court has recognized the principle that need is the basis of right, and that need is a matter of evidence. However, in Toohey v. Campbell, 24 Mont. 13, 60 Pac. 396/ it seems to…
1Opinion of the CourtChief Justice Bbantly
This action was brought to have determined the extent of the respective rights of the plaintiff and the defendants to the use of the water flowing in Bear creek, in Gallatin county, and the *440order of their priorities. The stream is formed by two branches, which are referred to in the pleadings and evidence as the east and west forks. The former has its source in the northeast quarter of section 28, township 2 north, range 5 east, and the latter in the southeast quarter of section 21, same township and range. After flowing south through section 33, the branches unite in section 4, township 1…
2Cases cited10 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Bailey v. TintingerMontana Supreme Court · 1912
- Toohey v. CampbellMontana Supreme Court · 1900
- Farmers' Co-Operative Ditch Co. v. Riverside Irrigation District, Ltd.Idaho Supreme Court · 1909
- Barrows v. FoxCalifornia Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Tucker v. Missoula Light & Railway Co.Montana Supreme Court · 1926
- Galiger v. McNultyMontana Supreme Court · 1927
- McDonald v. StateMontana Supreme Court · 1986
- Adami v. MurphyMontana Supreme Court · 1945
13 more not listed; retrieve them via the Exa API.