Pool v. Utah County Light & Power Co.
Utah Supreme Court
Appeal from District Court, Fourth District; Hon. J. E. Booth, Judge. Action by William H. Pool against the Utah county Light & Power Company, and another. Judgment for defendants. Plaintiff appealed. APPELLANT^ POINTS. Where a statutory power or jurisdiction is granted, which otherwise does not- exist, whether to a court or an officer, the grant is strictly construed, and the mode of procedure prescribed must be strictly pursued.
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Appeal from District Court, Fourth District; Hon. J. E. Booth, Judge. Action by William H. Pool against the Utah county Light & Power Company, and another. Judgment for defendants. Plaintiff appealed. APPELLANT^ POINTS. Where a statutory power or jurisdiction is granted, which otherwise does not- exist, whether to a court or an officer, the grant is strictly construed, and the mode of procedure prescribed must be strictly pursued. (Burrows v. Kimball, 11 Utah 150; Sutherland Statutory Construction, secs. 454-458.) When a statute gives 'a right or remedy which did not exist at common law, and…
1Opinion of the CourtFrick, J.
This action originated in the District Court of Utah County, and involves the question as to whether the appellant or respondent has the prior right to the use of the waters of American Fork Creek, a stream flowing through Utah County. The district court found the issues in favor of respondent, and entered judgment dismissing the action; hence this appeal.
Respondent’s claim to the water arises by virtue of an application made by it under chapter 1001, page 88, Laws Utah 1903, entitled “Water Rights and Irrigation,” and appellant’s claim is based upon his application made under the same act as…
2Cases cited9 opinions
- Clary v. ClaryCalifornia Supreme Court · 1896
- Butter v. LamsonUtah Supreme Court · 1905
- Campbellsville Lumber Co. v. HubbertCourt of Appeals for the Sixth Circuit · 1902
- Wallerstein v. ErvinCourt of Appeals for the Third Circuit · 1901
- Bryant v. KunnelUtah Supreme Court · 1907
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3Cited by5 opinions
- Laramie Rivers Co. v. LevasseurWyoming Supreme Court · 1949
- Hickman v. Loup River Public Power DistrictNebraska Supreme Court · 1964
- In Re Waters of White RiverOregon Supreme Court · 1933
- Porter v. StateCourt of Criminal Appeals of Oklahoma · 1922
- Wapinitia Irrigation Co. v. Water Users Corp.Oregon Supreme Court · 1932