Hague v. Nephi Irrigation Co.
Utah Supreme Court
Appeal from the Fifth district court, Juab county. E. V. Higgins, Judge. Suit by John Hague against tbe Nepbi Irrigation Company. There was a decree for plaintiff, and defendant appeals. The use must be adverse. 28 Am. & Eng. Enc. 1005, and cases cited in notes; Gox v. Olough, 70 Cal. 345; Alta Land Go. v. Sancoch, 85 Cal. 219. But in this case the plaintiff had a mill on the stream. He simply passed through his mill race the water that came to him.
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Appeal from the Fifth district court, Juab county. E. V. Higgins, Judge. Suit by John Hague against tbe Nepbi Irrigation Company. There was a decree for plaintiff, and defendant appeals. The use must be adverse. 28 Am. & Eng. Enc. 1005, and cases cited in notes; Gox v. Olough, 70 Cal. 345; Alta Land Go. v. Sancoch, 85 Cal. 219. But in this case the plaintiff had a mill on the stream. He simply passed through his mill race the water that came to him. He did not use it or take it away from the stream. The irrigating operations required some water to go down the stream to the ditches taken out…
1Opinion of the Court 1
After a statement of the case,
2Opinion of the Court · BartchBartch, J.
It is insisted by the appellant, at the outset, that the complaint fails to state a cause of action, and that its demurrer, by which this point was raised, ought to have *427been sustained. The objection seems to be that it does not plead the acquisition of any right in the stream, on the part of the plaintiff, either by appropriation or by adverse user. It is alleged, in effect, that, for a period of more than 30 years prior to the commencement of this action, the plaintiff, his grantors and predecessors in interest, operated and were the owners of a gristmill,…
3Cases cited14 opinions
- Combs v. Agricultural Ditch Co.Supreme Court of Colorado · 1892
- Nev. Cty. & Sacramento Canal Co. v. KiddCalifornia Supreme Court · 1869
- Lobdell v. SimpsonNevada Supreme Court · 1866
- Ramelli v. IrishCalifornia Supreme Court · 1892
- Fuller v. Swan River Placer Min. Co.Supreme Court of Colorado · 1888
9 more not listed; retrieve them via the Exa API.
4Cited by20 opinions
- Quigley v. McIntoshMontana Supreme Court · 1939
- State v. One (1) Porsche 2-Door, I.D. No. 911211026, Title No. PP10026F Bearing Kansas License Plate No. JOR 1652Utah Supreme Court · 1974
- Head v. HaleMontana Supreme Court · 1909
- Gunnison Irr. Co. v. Gunnison Highland Canal Co.Utah Supreme Court · 1918
- Handy Ditch Co. v. Louden Irrigating Canal Co.Supreme Court of Colorado · 1900
15 more not listed; retrieve them via the Exa API.