Ryan v. Weiser Valley Land & Water Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Action by plaintiff for an injunction to restrain tbe defendant from continuing to trespass upon plaintiff’s land and to flood and overflow tbe same. From a temporary restraining order, pendente'lite, defendant appealed.
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APPEAL from tbe District Court of tbe Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Action by plaintiff for an injunction to restrain tbe defendant from continuing to trespass upon plaintiff’s land and to flood and overflow tbe same. From a temporary restraining order, pendente'lite, defendant appealed. “Where jurisdiction has attached to person or thing, it is (unless there is some provision to the contrary) exclusive in. effect until it has wrought its function.” (Taylor v. Taint or, 16 Wall. (U. S.) 366, 21 L. ed. 287; Peck v. Jenness, 7 How. (U. S.) 612, 12 L.…
1Opinion of the CourtAilshie, J.
This is an appeal from an order granting a temporary injunction. The plaintiff, Frank D. Ryan, commenced an action in the trial court against the Weiser Valley Land & Water Co. for an injunction enjoining and restraining the company from maintaining a dam and flooding plaintiff’s land.
Respondent’s land is situated in what is known as Lost Valley. Lost creek flows through the valley, and at a short distance below the lands of the respondent enters a canyon, forming a natural reservoir site in the basin above where these lands are located. The appellant company built a dam across the creek at…
2Cases cited13 opinions
- New York City v. PineSupreme Court of the United States · 1902
- Northern Pacific R. Co. v. SmithSupreme Court of the United States · 1898
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Boise Valley Construction Co. v. KroegerIdaho Supreme Court · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Renninger v. StateIdaho Supreme Court · 1950
- Boise City v. SinselIdaho Supreme Court · 1952
- State Ex Rel. Rich v. Dunclick, Inc.Idaho Supreme Court · 1955
- Gilbert v. ElderIdaho Supreme Court · 1943
- Yellowstone Pipe Line Company v. DrummondIdaho Supreme Court · 1955
2 more not listed; retrieve them via the Exa API.