Bowman v. Ayers
Idaho Supreme Court
APPEAL from District Court, Ada County. The facts fully appear in the following statement by BEERY, J.: This is an appeal from a judgment rendered in the district court. Ada county. The action is for damages, in trespass, and aibA praying equitable relief.
Read the full summary
APPEAL from District Court, Ada County. The facts fully appear in the following statement by BEERY, J.: This is an appeal from a judgment rendered in the district court. Ada county. The action is for damages, in trespass, and aibA praying equitable relief. The complaint avers, in substance, “that in 1883 the plaintiffs were the owners and in possession of a certain ditch, necessary for irrigating the lands of plaintiffs; and that the defendant wrongfully entered upon and crut and tapped said ditch, also drew water from said ditch, to the plaintiffs’ damages $500.” It also avers that in 1883,…
1Opinion of the CourtBerry, J.
(After Stating the Facts.) — There are numerous assignments of error in this case, but we shall not find it necessary to consider them all. Evidence was given upon the trial tending to show an agreement in 1883, and before the acts complained of, between the plaintiffs, or some of them, and the defendant, for a purchase by the defendant of the right to take water from this ditch; the plaintiffs claiming to be tenants in common of the right to the water flowing in the' ditch. The counsel for the defendant requested the court in its charge to the jury to instruct them that “if you find from the…
2Cited by3 opinions
- Coeur d'Alene Tribe v. Lawerence DenneyIdaho Supreme Court · 2015
- Boyd v. BoleyIdaho Supreme Court · 1914
- Weeter v. ReynoldsIdaho Supreme Court · 1930