Spaulding v. Stone
Montana Supreme Court
Appeal from District Court, Gallatin County; E. K. Cheadle, Judge of the Tenth Judicial District, presiding. Action by Nelson Spaulding against Leonard Stone and others to determine the respective rights of the parties in the use of the water flowing in Spaulding brook. Plaintiff appeals from the decree and from an order denying his motion for a new trial. Mr. Justice Holloway dissents.
1Opinion of the CourtJustice Branyly
Plaintiff brought this action to obtain a decree adjudging him a. prior right to the use of all the water flowing in Spaulding brook, in Gallatin county, for agricultural purposes and .for watering his stock, and enjoining the defendants from diverting any portion thereof from its natural channel. The stream has its source in the southeast portion of section 21, Tp. 1 N., R. 4 E., and flows in a northwesterly direction through sections 21, 16, 17, 8 and 5 into East Gallatin river. The lands belonging to plaintiff include the east half of section 5. Portions of them are arid and require…
2Cases cited2 opinions
- Smith v. DuffMontana Supreme Court · 1909
- Beaverhead Canal Co. v. Dillon Electric Light & Power Co.Montana Supreme Court · 1906
3Cited by14 opinions
- Rock Creek Ditch & Flume Co. v. MillerMontana Supreme Court · 1933
- Harrell v. F. H. Vahlsing, Inc.Court of Appeals of Texas · 1952
- Woodward v. PerkinsMontana Supreme Court · 1944
- State ex rel. Zosel v. District CourtMontana Supreme Court · 1919
- Lewis v. LambrosMontana Supreme Court · 1920
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