Smith v. Hope Mining Co.
Montana Supreme Court
Appeal from, Third Judicial District, Oranite County. Action to enjoin interference with water right. Judgment was rendered for the defendant below by Bkasítly, J. Statement of the case by the justice delivering the opinion. This was an action brought to restrain the defendant from interfering with an alleged water right of the plaintiffs. The case was tried to the court without a jury. Findings were made upon which judgment was entered for the defendant.
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Appeal from, Third Judicial District, Oranite County. Action to enjoin interference with water right. Judgment was rendered for the defendant below by Bkasítly, J. Statement of the case by the justice delivering the opinion. This was an action brought to restrain the defendant from interfering with an alleged water right of the plaintiffs. The case was tried to the court without a jury. Findings were made upon which judgment was entered for the defendant. Plaintiffs’ motion for a new trial was denied, and they appeal from that order and the judgment. It appears that, prior to November 28,…
1Opinion of the CourtDe Witt, J.
On appeal, the plaintiffs contend that the court erred in its findings of fact in two respects. First, that the evidence did not sustain the finding that the defendant had been in the actual, continued and adverse possession and use of all the waters of Frost creek as set forth in finding No. 1, from 1883 to 1893; second, that the evidence did not sustain the finding that the plaintiffs abandoned the right which they *437bad in the use of the waters of Frost creek in 1883. We will examine these two contentions.(1) We are clearly of opinion that the evidence does not in any degiee sustain the…
Also in this document: Concurrence.
2Cases cited5 opinions
- Tucker v. JonesMontana Supreme Court · 1888
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- McCauley v. McKeigMontana Supreme Court · 1889
- Atchison v. PetersonMontana Supreme Court · 1872
- Beatty v. Murray Placer Mining Co.Montana Supreme Court · 1895
3Cited by19 opinions
- Skelton Ranch, Inc. v. Pondera County Canal & Reservoir Co.Montana Supreme Court · 2014
- Thomas v. BallMontana Supreme Court · 1923
- 79 Ranch, Inc. v. PitschMontana Supreme Court · 1983
- Featherman v. HennessyMontana Supreme Court · 1911
- Blomquist v. Board of County CommissionersIdaho Supreme Court · 1913
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