Legal Opinion

In re Gallatin Irrigation District

Montana Supreme Court

Decided March 9, 1914No. 3,355PublishedCited by 11 opinions

Appeal from District Court, Gallatin County; Albert P. Stark, Judge of the Sixth Judicial District, presiding. Petition for the creation of an irrigation district. From an order dismissing tbe petition for insufficiency, petitioners appeal. We are aware that it is settled in this state that the fees of a witness attending at the request of the party and testifying, together with his mileage, may be taxed by the party calling him against the unsuccessful party.

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Appeal from District Court, Gallatin County; Albert P. Stark, Judge of the Sixth Judicial District, presiding. Petition for the creation of an irrigation district. From an order dismissing tbe petition for insufficiency, petitioners appeal. We are aware that it is settled in this state that the fees of a witness attending at the request of the party and testifying, together with his mileage, may be taxed by the party calling him against the unsuccessful party. (McGlauflin v. Wormser, 28 Mont. 177, 72 Pac. 428; Great Falls Meat Co. v. Jenkins, 33 Mont. 417, 84 Pae. 74; Neary v. Northern…

1Opinion of the CourtJustice Holloway

On January 27, 1913, there was filed with the clerk of the district court of Gallatin county a petition for the creation of an irrigation district under the provisions of Chapter 146, Laws of 1909.

The petition suggests a name for the proposed district; describes by government subdivisions all lands sought to be in-*608eluded; gives the names of all holders of title or evidence of title and the postoffice addresses of all who are nonresidents; describes the source of intended water supply and the means of irrigation, and concludes with a prayer for appropriate relief. A map showing the proposed…

2Cited by11 opinions

  1. Interstate Trust Co. v. Montezuma Valley Irrigation DistrictSupreme Court of Colorado · 1919
  2. MacLay v. Missoula Irrigation DistrictMontana Supreme Court · 1931
  3. Scilley v. Red Lodge-Rosebud Irrigation DistrictMontana Supreme Court · 1928
  4. Berry v. City of HelenaMontana Supreme Court · 1919
  5. Gahagan v. GuglerMontana Supreme Court · 1935

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