Taylor v. Hulett
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for the .County of Fremont. Hon. J. M. Stevens, Judge. Action by the plaintiff to determine, adjudicate and quiet his title to a water right and appropriation from Spring creek in Fremont county. Judgment for defendants, dismissing the action. Plaintiff appeals.
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APPEAL from the District Court of the Sixth Judicial District, for the .County of Fremont. Hon. J. M. Stevens, Judge. Action by the plaintiff to determine, adjudicate and quiet his title to a water right and appropriation from Spring creek in Fremont county. Judgment for defendants, dismissing the action. Plaintiff appeals. Where the necessary parties are before a court of equity, it is immaterial that the res of the controversy, whether it be real or personal property, is beyond the territorial jurisdiction of the tribunal. It has the power to compel the defendant to do all things necessary,…
1Opinion of the CourtAilshie, C. J.
Appellant, a resident citizen of Fremont county in this state, commenced his action in the district court of the sixth district for the purpose of obtaining a decree establishing his right and quieting his title to a *268certain quantity of the water of Spring creek for irrigation purposes, and for an injunction restraining and enjoining the respondents from interrupting or interfering with his right, or in any manner preventing the water of the stream flowing down to his point of diversion.
It is' alleged in the complaint that Spring, or Seymour, creek has its source in Uinta county, "Wyoming,…
2Cases cited17 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Root v. WoolworthSupreme Court of the United States · 1893
- French v. HaySupreme Court of the United States · 1875
- Carpenter v. StrangeSupreme Court of the United States · 1891
- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
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3Cited by35 opinions
- Cleveland v. WardTexas Supreme Court · 1926
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- Porter v. PorterArizona Supreme Court · 1966
- Way Way v. Coca Cola Bottling Co.Texas Supreme Court · 1930
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