Ogden City v. Bear Lake & River Water-Works & Irrigation Co.
Utah Supreme Court
Appeal from tlie Second district court, Weber county. H. H. Rolapp, Judge. Action by Ogden City against the Bear Lake & River Water-Works & Irrigation Company and others for injunction and equitable relief.
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Appeal from tlie Second district court, Weber county. H. H. Rolapp, Judge. Action by Ogden City against the Bear Lake & River Water-Works & Irrigation Company and others for injunction and equitable relief. From an order appointing a receiver on plaintiff’s motion, defendants appeal". Where the question in a pending action is a dispute as to the title of the property, and both parties claiming title thereto, and. the defendant is in possession, equity will not appoint a receiver. Bateman v. Superior Court, 54 Cal. 285} State v. Court, 34 Pac. Eep. 609; Schlects, App. 60 Pa. St. 172; Maples v.…
1Opinion of the CourtZane, C. J.
The respondent insists that the order appointing the receiver is not a final judgment, within the meaning of section 9, art. 8, of the constitution of this state. That section declares that “from all final judgments of the district court there shall be a right of appeal to the supreme court.” The Bear River Irrigation & Ogden WaterWorks Company had been in the actual possession of the water system, and the business transferred to the receiver by the order, more than seven years before the order appointing the receiver and depriving it of its possession of the property and the control of the…
2Cases cited4 opinions
- Lewis v. CampauMichigan Supreme Court · 1866
- Huron Waterworks Co. v. City of HuronSouth Dakota Supreme Court · 1895
- Brown v. RingMichigan Supreme Court · 1889
- Labar v. NicholsMichigan Supreme Court · 1871
3Cited by20 opinions
- Salt Lake City v. SutterUtah Supreme Court · 1923
- Wadsworth v. Santaquin CityUtah Supreme Court · 1933
- Bohn v. Salt Lake CityUtah Supreme Court · 1932
- Salt Lake City v. ReveneUtah Supreme Court · 1942
- Brown v. Tuskegee Light & Power Co.Supreme Court of Alabama · 1936
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