Frost v. Alturas Water Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, in and for Lincoln County. Honorable Lyttleton Price, Judge. Appellants commenced an action to quiet title and settle the rights to the use of the waters of the Malad river. Certain of the defendants demurred and the demurrer was sust .ined, and judgment of dismissal was thereupon entered, from which judgment plaintiffs appeal.
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APPEAL from the District Court of the Fourth Judicial District, in and for Lincoln County. Honorable Lyttleton Price, Judge. Appellants commenced an action to quiet title and settle the rights to the use of the waters of the Malad river. Certain of the defendants demurred and the demurrer was sust .ined, and judgment of dismissal was thereupon entered, from which judgment plaintiffs appeal. Several proprietors of district lands and mills, and of separate parts of a natural watercourse, may join as plaintiffs in a single suit where the injuries complained of are of the same kind and were…
1Opinion of the CourtAilshie, J.
— The respondents have made a motion to dismiss the appeal in this ease upon the ground that the notice of appeal is not addressed or directed to all the defendants in the ease and was not served upon all the defendants. The notice is addressed “to the clerk of the said district court and to Arthur Brown, attorney for said named defendants.” The contention here made is that' Mr. Brown did not represent all the defendants, and that the notice was therefore not directed to any defendants not represented by him. This was not sufficient, however, to vitiate the notice of appeal. (Rev. Stats.,…
2Cases cited9 opinions
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Blaisdell v. StephensNevada Supreme Court · 1879
- East-Haddam Bank v. ScovilSupreme Court of Connecticut · 1837
- Titiman v. Alamance Mining Co.Idaho Supreme Court · 1903
- Churchill v. LauerCalifornia Supreme Court · 1890
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3Cited by15 opinions
- Nevada v. United StatesSupreme Court of the United States · 1983
- Howard v. CookIdaho Supreme Court · 1938
- Nampa & Meridian Irrigation District v. BriggsIdaho Supreme Court · 1915
- Morgan v. UdyIdaho Supreme Court · 1938
- United States v. Truckee-Carson Irrigation DistrictCourt of Appeals for the Ninth Circuit · 1981
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