Saint v. Guerrerio
Supreme Court of Colorado
Appeal from District Qo-urt of Garfield County. Injunction against interference with water right. Michael Guerrerio, plaintiff below, brought this action against four different defendants, Albert J. and George W. Saint, William and John Mansfield, to restrain them from interfering with his use of the waters of the Dry or West Fork of Elk Creek for purposes of irrigation. The plaintiff filed three different complaints.
Read the full summary
Appeal from District Qo-urt of Garfield County. Injunction against interference with water right. Michael Guerrerio, plaintiff below, brought this action against four different defendants, Albert J. and George W. Saint, William and John Mansfield, to restrain them from interfering with his use of the waters of the Dry or West Fork of Elk Creek for purposes of irrigation. The plaintiff filed three different complaints. The original complaint was held insufficient on demurrer, and thereupon, by leave of the court, an amended complaint was filed. .The amended complaint was objected to by motion,…
1Opinion of the CourtJustice Elliott
Error is assigned to the action of the court in overruling the several objections to the first and second amended complaints.
1. The process, pleadings and interlocutory orders in this cause are exceedingly voluminous, extending through more than three hundred folios of the transcript. The record is greatly complicated by amended pleadings. Amendments tend to confusion, embarrassment and delay in the trial and disposition of a cause, and often occasion much inconvenience and expense to litigants. Where the amendments are numerous and lengthy, the difficulties are correspondingly increased.
The…
2Cases cited4 opinions
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
- Danielson v. GudeSupreme Court of Colorado · 1887
- Abbott v. MontiSupreme Court of Colorado · 1877
- Welch v. WattsIndiana Supreme Court · 1857
3Cited by17 opinions
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- McCall v. PorterOregon Supreme Court · 1902
- Selfridge v. Leonard-Heffner Co.Supreme Court of Colorado · 1911
- Lower Latham Ditch Co. v. Louden Irrigating Canal Co.Supreme Court of Colorado · 1900
- Koch v. StorySupreme Court of Colorado · 1910
12 more not listed; retrieve them via the Exa API.