Thomas v. Ball
Montana Supreme Court
Appeals from District Court, Powell County; Geo. B. Winston, Judge. Action by Arthur Thomas and another against James B. Ball, David J. Price, and another to determine water rights. From the judgment and a denial of a new trial, defendant last named appeals.
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Appeals from District Court, Powell County; Geo. B. Winston, Judge. Action by Arthur Thomas and another against James B. Ball, David J. Price, and another to determine water rights. From the judgment and a denial of a new trial, defendant last named appeals. Citing on the question of abandonment: Lowry v. Carrier, 55 Mont. 392, 177 Pac. 756; Moore v. Sherman, 52 Mont. 542, 159 Pac. 966; Middlecrcek Ditch Co. v. Henry, 15 Mont. 558, 39 Pac. 1054; Smith v. Hope Min: Co., 18 Mont. 432, 45 Pac. 632; Norman v. Corbley, 32 Mont. 195, 79 Pac. 1059; Feather-mam v. Hennessy, 42 Mont. 535, 113-Pac.…
1Opinion of the CourtJustice Holloway
This action was instituted to have determined the relative rights of the parties to the use of the waters of McKay Creek in Powell county. The trial court awarded to plaintiff Thomas 105 inches, to plaintiff McKenzie 100 inches, to defendant Ball 100 inches, and to defendant McDonald 35 inches, all prior in time to the right to 100 inches awarded to defendant Price as of date June 1, 1905. Other awards were made, but they were all subsequent to 1905, and are not material here. From the judgment and from an order denying his motion for a new trial defendant Price appealed, and contends that…
2Cases cited19 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Bailey v. TintingerMontana Supreme Court · 1912
- Tucker v. JonesMontana Supreme Court · 1888
- Utt v. FreyCalifornia Supreme Court · 1895
- Toohey v. CampbellMontana Supreme Court · 1900
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Tucker v. Missoula Light & Railway Co.Montana Supreme Court · 1926
- Rieman v. AndersonMontana Supreme Court · 1997
- Bender v. BenderMontana Supreme Court · 1965
- Galiger v. McNultyMontana Supreme Court · 1927
- St. Onge v. BlakelyMontana Supreme Court · 1926
21 more not listed; retrieve them via the Exa API.