Town of Newcastle v. Smith
Wyoming Supreme Court
Proceedings by tbe Town of Newcastle, a municipal corporation against Henry F. Smith and numerous other defendants in the nature of condemnation, but for the purpose of changing certain water permits from beneficial to a preferred use for municipal purposes. There was a judgment for plaintiff and from an order denying a motion to modify or vacate the judgment, defendants appeal.
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Proceedings by tbe Town of Newcastle, a municipal corporation against Henry F. Smith and numerous other defendants in the nature of condemnation, but for the purpose of changing certain water permits from beneficial to a preferred use for municipal purposes. There was a judgment for plaintiff and from an order denying a motion to modify or vacate the judgment, defendants appeal. The petition and notice were alike defective and insufficient to authorize a judgment of condemnation; the same is true of the certificate of the appraisers or commissioners and the order of confirmation of the…
1Opinion of the Court
Kimball, Justice.
The appeal is from an order denying a motion to modify or vacate in part a judgment in favor of the plaintiff, the Town of Newcastle, against numerous defendants.
Prior to March 27, 1919, the defendants were notified in writing that on that day the plaintiff would file a petition “in condemnation,” praying that two water permits for “flood ditches * * * diverting water from Stockade Beaver Creek be changed from a beneficial to a preferred use for municipal, domestic and transportation purposes for the benefit of * # # plaintiff; and asking for the appointment of commissioners…
2Cases cited4 opinions
- Waldron v. HarveyWest Virginia Supreme Court · 1904
- Metcalf v. HartWyoming Supreme Court · 1891
- Lester v. CloudSupreme Court of Georgia · 1881
- Shurtleff v. Board of County CommissonersSupreme Court of Kansas · 1901
3Cited by1 opinion
- Baker v. JonesWyoming Supreme Court · 1952