Klamath Irrigation District v. Carlson

The certificates of delinquency in suit are based upon unpaid irrigation district taxes for the years 1936, 1937 and 1938.

The major question here is whether alleged damages to defendant’s land by reason of negligent maintenance and operation of the irrigation system in suit will support defendant’s claim against plaintiff for affirmative relief by way of recoupment, set-off or counterclaim.

Defendant’s answer embraces the joining of the issues upon the allegations of plaintiff’s complaint and the affirmative allegations set forth in three further and separate answers. It must be borne in mind…