Fabian v. Collins
Montana Supreme Court
Ajypeal from Thi/rd District, Lewis and Ola/rTce County. The complaint alleged, and tbe referee found, that tbe plaintiffs were in tbe possession of certain water and were tbe prior appropriators thereof; that defendants bad unlawfully diverted tbe same to tbe great damage of tbe plaintiffs; and tbat tbe injury threatened to be continuous. Tbe plaintiffs applied to "Wade, J., for tbe temporary injunction.
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Ajypeal from Thi/rd District, Lewis and Ola/rTce County. The complaint alleged, and tbe referee found, that tbe plaintiffs were in tbe possession of certain water and were tbe prior appropriators thereof; that defendants bad unlawfully diverted tbe same to tbe great damage of tbe plaintiffs; and tbat tbe injury threatened to be continuous. Tbe plaintiffs applied to "Wade, J., for tbe temporary injunction. Tbe object of tbe order to show cause is to present tbe case on its merits. Hioks v. Miohael, 15 Cal. 107. Respondents disregarded tbe order of tbe court to show cause. Appellants are…
1Opinion of the CourtKNOwles, J.
Tbe plaintiffs made an application to tbe judge of tbe third judicial district, at chambers, for an injunction pending suit to restrain the defendants from diverting water from their ditch. Tbe judge, upon tbe complaint of plaintiffs, granted *512to them a restraining order enjoining the defendants from diverting said water until the further order of the judge, and, in accordance with the nineteenth rale of said district court, ordered the defendants to show cause before C. O. Ewing, Esq., why said injunction should not be granted, pending suit, and referred the matter to said Ewing to take the…
2Cases cited1 opinion
- Weaver v. Eureka Lake Co.California Supreme Court · 1860
3Cited by7 opinions
- Cache La Poudre Irrigating Co. v. Larimer & Weld Reservoir Co.Supreme Court of Colorado · 1898
- Labbitt v. BunstonMontana Supreme Court · 1927
- Salazar v. SmartMontana Supreme Court · 1892
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1893
- Larimer & Weld Reservoir Co. v. Cache la Poudre Irrigating Co.Colorado Court of Appeals · 1896
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