Small v. Harrington
Idaho Supreme Court
APPEAL from tbe District Court of Nez Perce County. Honorable Edgar C. Steele, Judge. Judgment for plaintiff from which and an order overruling a motion for a new trial, defendants appeal. The facts are fully stated in the opinion. The legislature of the state, in the absence of congressional action, has control of the navigable streams of the state. (Woodman v. Kilbourne Mfg. Co., 1 Biss. 546; S. C., 30 Fed. Cas.
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APPEAL from tbe District Court of Nez Perce County. Honorable Edgar C. Steele, Judge. Judgment for plaintiff from which and an order overruling a motion for a new trial, defendants appeal. The facts are fully stated in the opinion. The legislature of the state, in the absence of congressional action, has control of the navigable streams of the state. (Woodman v. Kilbourne Mfg. Co., 1 Biss. 546; S. C., 30 Fed. Cas. No. 17,978, p. 510.) The legislature of this state having seen fit to authorize the erection of dams and booms in its creeks and rivers with passageways around sufficient and so…
1Opinion of the Court
STOCKSLAGER, J. —
On the twentieth day of March, 1903, respondents in this action filed a complaint in the district court of Nez Perce county against the appellants, setting out facts which, in the opinion of the district judge, warranted the issue of an injunction restraining certain acts until the further order of the court. Thereafter, and on the twenty-seventh day of March following, plaintiffs filed an amended complaint. The first paragraph alleges that plaintiffs aTe copartners, doing business at Lewiston, Idaho, under the firm name and style of Small & Emery and that they are engaged in…
2Cases cited6 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Attorney General ex rel. Muskegon Booming Co. v. Evart Booming Co.Michigan Supreme Court · 1876
- King v. Pony Gold Mining Co.Montana Supreme Court · 1903
- Stevens Point Boom Co. v. ReillyWisconsin Supreme Court · 1879
- Lancey v. CliffordSupreme Judicial Court of Maine · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hutchinson v. Watson Slough Ditch Co.Idaho Supreme Court · 1909
- Rankin v. CaldwellIdaho Supreme Court · 1908
- Stearns Ex Rel. Stearns v. GravesIdaho Supreme Court · 1941
- Evans v. DavidsonIdaho Supreme Court · 1938
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
15 more not listed; retrieve them via the Exa API.