Last Chance Ditch Co. v. Sawyer
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed. L. Bryan, Judge. Action for injunction. Judgment for defendants. Under the provisions of see. 16713, C. S., it is necessary to refer expressly to the proper section numbers of the statutes to raise the question of the statute of limitations, and failure to so plead it waives it.
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APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed. L. Bryan, Judge. Action for injunction. Judgment for defendants. Under the provisions of see. 16713, C. S., it is necessary to refer expressly to the proper section numbers of the statutes to raise the question of the statute of limitations, and failure to so plead it waives it. (Rogers v. Or egon-W ashing - ton R. <& N. Go., 28 Ida. 609, 156 Pae. 98; McLeod v. Rogers, 28 Ida. 412, 154 Pac. 970.) Defendant pleads only sec. 6611, C. S., and if this statute is not applicable, the question of whether any…
1Opinion of the CourtRice, C. J.
This action was instituted by appellant Last Chance Ditch Company against eighty-nine different defendants, for the purpose of obtaining an injunction to restrain the defendants from permitting waste water from the irrigation of their lands from running into appellant’s canal. It is alleged that such waste water carried large quantities of sand and silt into the canal and caused the water in the same to fluctuate so as to interfere with its proper control and management as an irrigation canal. The action was dismissed as to five of the defendants, and thirty-eight defendants appeared and…
2Cases cited5 opinions
- Dartnell v. BidwellSupreme Judicial Court of Maine · 1916
- Crosier v. BrownWest Virginia Supreme Court · 1909
- Boynton v. LongleyNevada Supreme Court · 1885
- Strong v. BaldwinCalifornia Supreme Court · 1902
- Beasley v. EngstromIdaho Supreme Court · 1917
3Cited by17 opinions
- West v. SmithIdaho Supreme Court · 1973
- Sinnett v. WerelusIdaho Supreme Court · 1961
- Checketts v. ThompsonIdaho Supreme Court · 1944
- State Ex Rel. Haman v. FoxIdaho Supreme Court · 1979
- Cox v. CoxIdaho Supreme Court · 1962
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