Wallace v. Weaver
Montana Supreme Court
Appeal from District Court, Granite County; J. Miller Smith, a Judge of the First Judicial District, presiding. Action by William Wallace against James P. Weaver, Peter Noid, and C. E. Goldberg. From a judgment in favor of defendants and an order denying him a new trial, plaintiff appehls.
1Opinion of the CourtJustice Holloway
In 1865, William Wallace and his predecessors in interest located a ranch upon Dunkleberg creek, in Granite and Powell counties, appropriated all of the waters of that creek for irrigation and other useful purposes, and thereafter used all the waters of said creek for such purposes during the irrigation season in every year, until interfered with by defendants. • Many years after Wallace’s appropriation, defendants Noid and Weaver located upon Dunkleberg creek above the ranch of Wallace, and about 1900 Weaver appropriated 200 inches of the waters of Gold creek, conveyed them into the channel…
2Cases cited15 opinions
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Murray v. HeinzeMontana Supreme Court · 1895
- Cohen v. ClarkMontana Supreme Court · 1911
- McAllister v. C. H. ClementCalifornia Supreme Court · 1888
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3Cited by16 opinions
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- Shipler v. Potomac Copper Co.Montana Supreme Court · 1923
- Hammond v. ThompsonMontana Supreme Court · 1918
- Ingman v. HewittMontana Supreme Court · 1938
11 more not listed; retrieve them via the Exa API.