Legal Opinion

Lewis v. Mountain Home Co-operative Irrigation Co.

Idaho Supreme Court

Decided March 11, 1916PublishedCited by 12 opinions

APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. Action for writ of mandate to compel the delivery of water for irrigation. Judgment of nonsuit.' Motion for nonsuit should be denied unless the evidence wholly fails to show a right of recovery.

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APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. Action for writ of mandate to compel the delivery of water for irrigation. Judgment of nonsuit.' Motion for nonsuit should be denied unless the evidence wholly fails to show a right of recovery. (Small v. Harrington, 10 Ida. 499, 79 Pac. 461; Idaho Comstock Min. & M. Co. v. Lundstrum, 9 Ida. 257, 74 Pac. 975; York v. Pacific & N. B. Co., 8 Ida. 574, 69 Pac. 1042; Colvin v. Lyom, 15 Ida. 180, 96 Pae. 572; Minean v. Imperial Dredge & Exploration Go., 19 Ida. 458, 114 Pae. 23.) The…

1Opinion of the Court

COWEN, District Judge.

This action was brought by the plaintiffs to compel the defendant corporation, by writ of mandate, to deliver to the plaintiffs 200 inches of water for the irrigating season of 1914, and for each succeeding year thereafter. The amended complaint was filed in February, 1914, and alleged, among other things, the representative capacity of the plaintiff Lewis and the corporate capacity of the defendant. It then alleged that the defendant and its predecessors in interest were engaged in the business of furnishing and delivering water for irrigation purposes to users under…

2Cases cited2 opinions

  1. Gerber v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1911
  2. Gerber v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1908

3Cited by12 opinions

  1. State Ex Rel. Graham v. EnkingIdaho Supreme Court · 1938
  2. Sanderson v. Salmon River Canal Co.Idaho Supreme Court · 1921
  3. Kerley v. WetherellIdaho Supreme Court · 1939
  4. Taylor v. GirardIdaho Supreme Court · 1934
  5. Leland v. Twin Falls Canal Co.Idaho Supreme Court · 1931

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