Legal Opinion

Joyce v. Rubin

Idaho Supreme Court

Decided January 30, 1913PublishedCited by 17 opinions

APPEAL from the District Court of the Third Judicial District for Owyhee County. Hon. Alfred Budge, Presiding Judge. Action to settle the priority and amount of water to which the parties are entitled from Sinker creek, for irrigation purposes. Some of the defendants allege in their cross-complaints that they are entitled to a certain quantity of water, per acre for irrigation of their land, while the decree gives them much more than is asked for in their cross-complaints.

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APPEAL from the District Court of the Third Judicial District for Owyhee County. Hon. Alfred Budge, Presiding Judge. Action to settle the priority and amount of water to which the parties are entitled from Sinker creek, for irrigation purposes. Some of the defendants allege in their cross-complaints that they are entitled to a certain quantity of water, per acre for irrigation of their land, while the decree gives them much more than is asked for in their cross-complaints. (Caldwell v. King, 76 Ala. 149; Enright v. Seymour, 8 N. T. 356; Ten Broeck v. Orchard, 79 N. C. 518.) The Bennetts…

1Opinion of the CourtSullivan, J.

— This action was brought to determine the priorities and amount of water to which each of the parties to the action was entitled, from Sinker creek, in Owyhee county. The defendants, except Jacob Rubin and G. F. Lambert, appeared by answer and cross-complaint and set up their respective claims and rights therein. The defendant Harder did not answer the cross-complaint of the defendant, the Murphy Land & Irrigation Co. Thereupon the case was referred to a referee to take the testimony in the ease and report the same to the court. It appears that certain testimony was taken and the case was…

2Cases cited7 opinions

  1. Conant v. JonesIdaho Supreme Court · 1893
  2. Hedstrom v. Union Trust Co.California Court of Appeal · 1908
  3. Perkins v. BrockCalifornia Supreme Court · 1889
  4. Etchas v. OrenaCalifornia Supreme Court · 1898
  5. Loftus v. FischerCalifornia Supreme Court · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Joyce v. Murphy Land & Irrigation Co.Idaho Supreme Court · 1922
  2. In Re Srba Case No. 39576Idaho Supreme Court · 1995
  3. Harris v. ChapmanIdaho Supreme Court · 1931
  4. Naccarato v. Village of Priest RiverIdaho Supreme Court · 1948
  5. In Re Appeal From the Department of ReclamationIdaho Supreme Court · 1931

12 more not listed; retrieve them via the Exa API.

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