Thomas v. Thruston
Oregon Supreme Court
From Lake: Robert G. Morrow, Judge. Suit by L. G. Thomas, Lewis E. McCulley and Elmer M. McCulley against E. C. Thruston relative to the use of waters of Cogswell Creek. From the decree rendered the defendant attempts to appeal, but no notice of appeal was served on the new parties brought in on motion. The facts are set forth in the opinion of the eourt.
1Opinion of the Court
Opinion
2Per curiam
This suit was begun July 22, 1908, to restrain the destruction of a dam built in Cogswell Creek, Lake County, Oregon, at the head of an irrigating ditch which diverted from that stream water and conducted it to the plaintiff’s lands where it was used for raising crops. An amended complaint was filed October 22,1908, and an answer was put in April 5,1909, when the-defendant filed his affidavit, showing that designated persons were asserting rights to the use of water from that creek. The defendant’s counsel thereupon moved that the persons so indicated be brought in and made parties, as…
3Cases cited4 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Williams v. Pacific Surety Co.Oregon Supreme Court · 1912
- Van Zandt v. ParsonOregon Supreme Court · 1916
4Cited by5 opinions
- Follansbee v. OoiCourt of Appeals of Oregon · 2024
- In Re Brooks' EstateOregon Supreme Court · 1941
- Temminck v. DoeringOregon Supreme Court · 1920
- Rorvik v. North Pac. Lumber Co.Oregon Supreme Court · 1920
- Follansbee v. OoiCourt of Appeals of Oregon · 2024