Geertson v. Barrack
Idaho Supreme Court
APPEAL from District Court, Lemhi County. If the court fails to find on a material issue, judgment cannot be supported. (Traverso v. Tate, 82 Cal. 170, 22 Pac. 1082; Swift v. Canavan, 52 Cal. 417-419; Billings v. Everett, 52 Cal. 664; Shaw v. Wandesforde, 53 Cal. 300.) Findings outside the issues must be disregarded.
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APPEAL from District Court, Lemhi County. If the court fails to find on a material issue, judgment cannot be supported. (Traverso v. Tate, 82 Cal. 170, 22 Pac. 1082; Swift v. Canavan, 52 Cal. 417-419; Billings v. Everett, 52 Cal. 664; Shaw v. Wandesforde, 53 Cal. 300.) Findings outside the issues must be disregarded. (Green v. Chandler, 54 Cal. 627, 628; Robinson v. Railroad Co., 57 Cal. 419; Morenhout v. Barron, 42 Cal. 605; Marks v. Sayward, 50 Cal. 59.) There being a specific finding of fact, and a general finding of fact inconsistent therewith, a judgment based on the general finding…
1Opinion of the CourtSullivan, C. J.
This is an action brought to determine the right of appellant to the use of two hundred inches of the waters of Geertson creek, situated in Lemhi county. The complaint alleges that the plaintiff is the owner and in the possession of over three hundred acres of land situated in said Lemhi county, and, for the purpose of irrigating said land, the plaintiff, during the spring of 1868, and while he was in the possession of said land,' appropriated two hundred inches of the water of said Geertson creek; that said appropriation was the first made of the waters of said creek; that at frequent times…
Also in this document: Concurrence.
2Cases cited1 opinion
- Kirk v. BartholomewIdaho Supreme Court · 1892
3Cited by6 opinions
- Schodde v. Twin Falls Land & Water Co.Supreme Court of the United States · 1912
- Bower v. MoormanIdaho Supreme Court · 1915
- McGinness v. StanfieldIdaho Supreme Court · 1898
- Beecher v. Cassia Creek Irrigation Co.Idaho Supreme Court · 1944
- Follett v. Taylor BrothersIdaho Supreme Court · 1956
1 more not listed; retrieve them via the Exa API.