Bailey v. Tintinger
Montana Supreme Court
‘Appeal from District Court, Sweet Grass County; Sydney Sanner, Judge. Action by E. N. Bailey and others against Nicolas Tintinger, the Glass-Lindsay Land Company, and others. From a decree fixing the rights of the parties, the Glass-Lindsay Land Company appeals. submitted a brief. argued the cause orally.
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‘Appeal from District Court, Sweet Grass County; Sydney Sanner, Judge. Action by E. N. Bailey and others against Nicolas Tintinger, the Glass-Lindsay Land Company, and others. From a decree fixing the rights of the parties, the Glass-Lindsay Land Company appeals. submitted a brief. argued the cause orally. We contend that the record clearly shows that the capacity of appellant’s canal is largely in excess of the 1,430 miner’s inches, and that it is, under the law, entitled to have decreed to it the right to the use of a quantity of water, in addition to the amount decreed, equal to the…
1Opinion of the CourtJustice Holloway
This suit was brought to have determined the relative rights of the parties to the use of the waters of Big Timber creek and its tributaries. The trial court found that 1,430 miner’s inches of the waters of the North fork of Big Timber creek had been appropriated through the Big Timber creek canal and this quantity it ordered distributed: 430 inches to Asbury et al., and 1,000 inches to the Glass-Lindsay Land Company. From the decree and an order denying a new trial, the Glass-Lindsay Land Company appealed.
In 1892, Lee, Hall, and Hatch filed notice of appropriation of 5,000 inches of water of…
2Cases cited24 opinions
- Broder v. Water Co.Supreme Court of the United States · 1879
- Jennison v. KirkSupreme Court of the United States · 1879
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Smith v. DenniffMontana Supreme Court · 1900
- Tucker v. JonesMontana Supreme Court · 1888
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3Cited by51 opinions
- Allen v. PetrickMontana Supreme Court · 1924
- St. Onge v. BlakelyMontana Supreme Court · 1926
- Montana Department of Natural Resources & Conservation v. Intake Water Co.Montana Supreme Court · 1976
- Quigley v. McIntoshMontana Supreme Court · 1939
- Montana v. WyomingSupreme Court of the United States · 2011
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