Sloan v. Glancy
Montana Supreme Court
Appeal from, Tenth Judicial District, Fergus County. Injunction to restrain diversion of water. Decree for defendant was entered by Du Bose, J. Statement of the case by the justice delivering the opinion. Suit by plaintiffs against the defendant to enjoin him from interfering with the plaintiffs’ use and enjoyment of the waters of an irrigating ditch described in the complaint and situated in Fergus county.
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Appeal from, Tenth Judicial District, Fergus County. Injunction to restrain diversion of water. Decree for defendant was entered by Du Bose, J. Statement of the case by the justice delivering the opinion. Suit by plaintiffs against the defendant to enjoin him from interfering with the plaintiffs’ use and enjoyment of the waters of an irrigating ditch described in the complaint and situated in Fergus county. The plaintiffs have been in possession of certain agricultural lands in Fergus county for years prior to the commencement of this suit. In 1881 the plaintiff Culnan and one Howell, the…
1Opinion of the CourtHunt, J.
We will not-encumber this opinion with a lengthy statement of the testimony in the case. A brief recital of the evidence upon which the district court andthe jury founded their conclusions is sufficient.
From 1883 to 1886 Joel A. Harris owned a tract of land, afterwards sold to this defendant. In 1883 J. W. Howell built a small ditch across Harris’ land to irrigate his own garden. In 1884 Thomas Culnan, J. T. Clegg and E. McDonnell proposed to build another ditch acr oss Harris’ land above, but parallel to, the original Howell ditch. About the time that Culnan, Clegg and McDonnell commenced…
Also in this document: Concurrence.
2Cases cited6 opinions
- Tucker v. JonesMontana Supreme Court · 1888
- Flickinger v. ShawCalifornia Supreme Court · 1890
- Sweetland v. OlsenMontana Supreme Court · 1891
- Emerson v. Eldorado Ditch Co.Montana Supreme Court · 1896
- Smith v. Hope Mining Co.Montana Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pringle Falls Power Co. v. PattersonOregon Supreme Court · 1913
- Thomas v. BallMontana Supreme Court · 1923
- Great Falls Water Works Co. v. Great Northern Railway Co.Montana Supreme Court · 1898
- Featherman v. HennessyMontana Supreme Court · 1911
- Smith v. DenniffMontana Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.