Deseret Irrigation Co. v. McIntyre
Utah Supreme Court
Appeal from district court, Fifth district. E. Y. Higgins, Judge. Action by the Deseret Irrigation Company and another against Samuel McIntyre and others. From an order dismissing the action as to certain defendants, plaintiffs appeal.
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Appeal from district court, Fifth district. E. Y. Higgins, Judge. Action by the Deseret Irrigation Company and another against Samuel McIntyre and others. From an order dismissing the action as to certain defendants, plaintiffs appeal. This is an action to determine the rights of the plaintiffs and defendants to the waters of the Sevier river, flowing between a certain dam in Sanpete county and the canals of the plaintiffs in Millard county, and for a perpetual injunction to prohibit the defendants from using or in any manner interfering with the water of the river, to which the plaintiffs…
1Opinion of the Court 1
After a statement of the case as above,
2Opinion of the Court · BartchBartch, J.
Counsel for the appellants insist that this action was properly brought in Millard county, because the dams and ditches of the plaintiffs, and lands to be irrigated by means of the dams and ditches, are situated in that county, and this regardless of the fact that the principal place of business and residence of the defendants, and their dams and ditches, were in Sanpete county. The 'respondents, it seems, contend that the cause of action set up consists of certain trespasses on real property situated in Sanpete county, and have challenged the…
3Cases cited7 opinions
- Konold v. Rio Grande Western Ry. Co.Utah Supreme Court · 1897
- Watts' Administrators v. KinneyNew York Supreme Court · 1840
- Eachus v. Trustees of Illinois & Michigan CanalIllinois Supreme Court · 1856
- Foot v. EdwardsU.S. Circuit Court for the District of Connecticut · 1855
- People v. GreenUtah Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
4Cited by22 opinions
- Willey v. DeckerWyoming Supreme Court · 1903
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
- Lakeside Irrigation Co. v. Markham Irrigation Co.Texas Supreme Court · 1926
- Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
- White v. Rio Grande Western Railway Co.Utah Supreme Court · 1903
17 more not listed; retrieve them via the Exa API.