State v. Quantic
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by tbe state of Montana against Job B. Quantic to restrain interference with water appropriated by plaintiff. From a judgment for defendant, plaintiff appeals.
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Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by tbe state of Montana against Job B. Quantic to restrain interference with water appropriated by plaintiff. From a judgment for defendant, plaintiff appeals. It is apparent that paragraphs 6 and 7 of respondent’s alleged ■counterclaim merely put in issue the allegations of appellant’s complaint, and it is equally clear that the allegations of appellant in its complaint directly contradict such allegations of respondent, and therefore no reply was necessary in order to raise an issue thereon. (18 Eney. of PI. & Pr.…
1Opinion of the CourtJustice Smith
The complaint in this action is as follows:
“Comes now the state of Montana, by and through its legal representative, Albert J. Galen, Attorney General of the state of Montana, and for cause of action alleges:
“(1) That by an executive order of the President of the United States there was created, on February 15, 1868, the military reservation of Ft. Ellis, situated in Gallatin county, state of Montana.
“ (2) That said military reservation consisted of a large number of acres of land, including section 10 and section 15, of township 2 south, range 6 east.
“ (3) That said land was occupied by the…
2Cases cited7 opinions
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Smith v. HawkinsCalifornia Supreme Court · 1895
- Yankee Jim's Union Water Co. v. CraryCalifornia Supreme Court · 1864
- Faulkner v. RondoniCalifornia Supreme Court · 1894
- State ex rel. Montana Central Railway Co. v. District CourtMontana Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Application of FilippiniNevada Supreme Court · 1949
- Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
- Verwolf v. Low Line Irrigation Co.Montana Supreme Court · 1924
- Zosel v. KohrsMontana Supreme Court · 1925
- Custer Con. Mines Co. v. City of HelenaMontana Supreme Court · 1916
9 more not listed; retrieve them via the Exa API.