Porter v. Small
Oregon Supreme Court
From Lake: George Noland, Judge. Statement by Mr. Justice McBride. This is an action by Wesley F. Porter, Easter A. Porter and Carl D. Porter, minor heirs of S. A. D. Porter, deceased, by James C. Porter, their guardian, against George H. Small.
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From Lake: George Noland, Judge. Statement by Mr. Justice McBride. This is an action by Wesley F. Porter, Easter A. Porter and Carl D. Porter, minor heirs of S. A. D. Porter, deceased, by James C. Porter, their guardian, against George H. Small. The inception of this proceeding may be referred to the case of Hough v. Porter, 51 Or. 318 (95 Pac. 732: 98 Pac. 1083: 102 Pac. 728). On October 8, 1900, Annie C. Hough began a suit against A. D. Porter, plaintiff’s ancestor, claiming the right as riparian owner to use 500 inches of the waters of Silver Creek for the irrigation of her land, and…
1Opinion of the CourtJustice McBride
1. The foregoing is not a full statement of the issues presented by the complaint, but is sufficient to indicate the points involved in the decision of the demurrer. Briefly stated, the controversy is this: The circuit court, by the decree in Hough v. Porter, adjudged defendant, Small, to be entitled to 650 inches of the waters of Silver Creek. Acting in pursuance of such decree, Small took about that amount, or so much of it as he wanted, to the detriment of plaintiffs’ lands and crops, until the modification of the original decree, which gave *578him only 40 inches. If the modification of the…
2Cases cited22 opinions
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- Palmer v. . FoleyNew York Court of Appeals · 1877
- Lawton v. . GreenNew York Court of Appeals · 1876
- Bridges v. McAlisterCourt of Appeals of Kentucky · 1899
- Day v. HollandOregon Supreme Court · 1887
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