Sloan v. Byers
Montana Supreme Court
Appeal from District Court, Jefferson County; Lew. L. Calla-way, Judge. 'Action by Mary A. Sloan and others against Luella Byers and others. From a judgment on the pleadings in favor of defendants, plaintiffs appeal. Where interests are necessarily adverse and necessarily passed upon in one proceeding where the adverse claims are set out, the judgment acts as an estoppel of the points raised.
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Appeal from District Court, Jefferson County; Lew. L. Calla-way, Judge. 'Action by Mary A. Sloan and others against Luella Byers and others. From a judgment on the pleadings in favor of defendants, plaintiffs appeal. Where interests are necessarily adverse and necessarily passed upon in one proceeding where the adverse claims are set out, the judgment acts as an estoppel of the points raised. (Bingham v. Kearney, 136 Cal. 175, 68 Pac. 597; Baldwin v. Hanecy, 204 111. 281, 68 N. E. 560; Cook v. Des Moines, 125 Iowa, 611, 101 N. W. 434; Osage City Bank v. Jones, 51 Kan. 379, 32 Pac. 1096;…
1Opinion of the CourtJustice Smith
We adopt from the brief of counsel for the appellants the following statement of the case, which respondents’ counsel agree is substantially correct:
*505This action was commenced in the district court for Jefferson county for the purpose of quieting the title to one hundred and ten inches of water which was decreed to a certain ditch, and fixing the amount to which each party was entitled. It was alleged that in 1904, in an action then tried, a decree was rendered Avhich awarded to the ditch in question one hundred and tAventy inches of water, and by the decree in question a right of ten inches…
2Cases cited5 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- O'Connor v. IrvineCalifornia Supreme Court · 1887
- State ex rel. Boston & Montana Consolidated Copper & Silver Mining Co. v. District Court of the Second Judicial DistrictMontana Supreme Court · 1904
- Heilner v. SmithOregon Supreme Court · 1907
- McNinch v. CrawfordMontana Supreme Court · 1904
3Cited by11 opinions
- Galiger v. McNultyMontana Supreme Court · 1927
- Dew v. DowerMontana Supreme Court · 1993
- Deich v. DeichMontana Supreme Court · 1958
- In Re the Marriage of Di PasqualeMontana Supreme Court · 1986
- State Ex Rel. Porter v. First Judicial Dist.Montana Supreme Court · 1950
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