Nevada Ditch Co. v. Bennett
Oregon Supreme Court
From Malheur: Morton D. Clifford, Judge. This is a suit instituted August 15, 1893, for the purpose of establishing the date and extent of plaintiff’s appropriation of water from the Malheur River, in Maiheur County, Oregon, and to enjoin the several defendants from in any way using the waters of said stream so as to interfere with the full and free use of its appropriation.
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From Malheur: Morton D. Clifford, Judge. This is a suit instituted August 15, 1893, for the purpose of establishing the date and extent of plaintiff’s appropriation of water from the Malheur River, in Maiheur County, Oregon, and to enjoin the several defendants from in any way using the waters of said stream so as to interfere with the full and free use of its appropriation. The Malheur River is a perennial, non-navigable stream, taking its rise in Harney County, Oregon,t having for its tributaries what are known as the North Fork and Middle Fork of the Malheur River. Its general course is…
1Opinion of the CourtJustice Wolverton
Before proceeding to the discussion of the questions of vital importance, we will dispose of some that may be regarded as preliminary or incidental only. The defendants all filed demurrers to the complaint, which were general in their nature, and were all overruled by the court below. It is insisted here that the court erred in so doing. The objection is taken upon the theory that plaintiff’s complaint comprehends an aggregate of individual appropriations, taking their inceptions at different periods, and that the complaint should have stated facts supporting each individual appropriation,…
2Cases cited25 opinions
- Atchison v. PetersonSupreme Court of the United States · 1874
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Grisar v. McDowellSupreme Court of the United States · 1868
- Simmons v. WintersOregon Supreme Court · 1891
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
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3Cited by78 opinions
- Hough v. PorterOregon Supreme Court · 1909
- In re Willow CreekOregon Supreme Court · 1914
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Smith v. DenniffMontana Supreme Court · 1900
- Bailey v. TintingerMontana Supreme Court · 1912
73 more not listed; retrieve them via the Exa API.