Legal Opinion · Concurrence

Watson v. District Court of First Judicial Dist. Ex Rel. Cache County

Utah Supreme Court

Decided October 31, 1945No. 6817Published

1ConcurrenceWolfe, Justice

In the case of Wellsville East Field Irrigation Co. et al. v. Lindsay Land & Livestock Co. et al., 104 Utah 448, 137 P. 2d 634, a motion to dismiss the appeal on the ground that the judgment was not final was denied. We took cognizance of the appeal on authority of Attorney General v. Pomeroy, 93 Utah 426, 73 P. 2d 1277, 114 A. L. R. 726. To have done otherwise would have left in force an injunction prohibiting the taking of waters which the parties appellant had used for years. To permit such injunction to stand would have, if the lower court was wrong, irreparably injured the defendants…

2Cases cited3 opinions

  1. Attorney General of Utah v. PomeroyUtah Supreme Court · 1937
  2. Wellsville East Field Irr. Co. v. Lindsay Land & Livestock Co.Utah Supreme Court · 1943
  3. Plain City Irr. Co. v. Hooper Irr. Co.Utah Supreme Court · 1935

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