Murray v. Tingley
Montana Supreme Court
Appeal from, District Court, Choteau County. Dudley Du Bose, Judge. Action by Charles Murray and Louis Murray against C. Tingley and others. From the judgment, defendants and plaintiff Charles Murray appeal. Statement of the case by the justice delivering the opinion. This was an action arising from a conflict in claims to the waters of Big Sandy creek, in Choteau county, Montana.
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Appeal from, District Court, Choteau County. Dudley Du Bose, Judge. Action by Charles Murray and Louis Murray against C. Tingley and others. From the judgment, defendants and plaintiff Charles Murray appeal. Statement of the case by the justice delivering the opinion. This was an action arising from a conflict in claims to the waters of Big Sandy creek, in Choteau county, Montana. It appears that about May 2, 1888, one Martin commenced a ditch to divert water from said creek for the purpose of irrigating his squatter’s claim of 160 acres, some two miles distant. In an attempt to comply with…
1Opinion of the CourtBuck, J.
—The District Court properly excluded the notices of location offered in evidence by plaintiffs and defendants. The absence of affidavits was a fatal defect.
The decree is based on the theory that a water right cannot be acquired save by compliance with the statute regulating the appropriation of water. We think the trial judge took an erroneous view of the law. The statutes of this state in reference to the acquisition of water rights are substantially the same as those of California.
Section 1257, Fifth Division, Compiled Statutes 1887 (Section 1888, Civil Code 1895,) is as follows: “A…
2Cases cited4 opinions
- De Necochea v. CurtisCalifornia Supreme Court · 1889
- Wells v. MantesCalifornia Supreme Court · 1893
- City of Tacoma v. LillisWashington Supreme Court · 1892
- Watterson v. SaldunbehereCalifornia Supreme Court · 1894
3Cited by37 opinions
- Allen v. PetrickMontana Supreme Court · 1924
- Bailey v. TintingerMontana Supreme Court · 1912
- Department of State Lands v. PettiboneMontana Supreme Court · 1985
- Montana Trout Unlimited v. Montana Department of Natural Resources & ConservationMontana Supreme Court · 2006
- Wyoming Hereford Ranch v. Hammond Packing Co.Wyoming Supreme Court · 1925
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