Drake v. Earhart
Idaho Supreme Court
APPEAL from District Court, Alturas County. Where error is shown, the presumption is that appellant has, been prejudiced by it, and it is incumbent on the respondent to see that the record discloses the fact that the appellant has not been so prejudiced.
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APPEAL from District Court, Alturas County. Where error is shown, the presumption is that appellant has, been prejudiced by it, and it is incumbent on the respondent to see that the record discloses the fact that the appellant has not been so prejudiced. (Norwood v. Kenfield, 30 Cal. 393;. Jackson v. Water Go., 14 Cal. 18.) The right of a prior appropriator to water appropriated for a beneficial use is superior to that of a riparian owner of land, who became the owner after the appropriation. (Osgood v.. Water etc. Go., 56 Cal. 571; Farley v. Mining etc.' Go., 58 Cal. 142; Himes v. Johnson,…
1Opinion of the CourtBeatty, C. J.
In the year 1879 respondent Quigley took possession of a tract of unsurveyed land at the month of what has since been known as “Quigley gulch,” near the town of Hailey, in Alturas county, and at the same time appropriated for the irrigation of said land the water of the stream flowing down said gulch; and the other respondents Drake and Covert, subsequently became owners in a part of said land and water. At later dates the several defendants in this action became possessed of certain lands lying upon said stream farther np the gulch, and commenced the use of the said water. To perpetually…
2Cases cited11 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Atchison v. PetersonSupreme Court of the United States · 1874
- Broder v. Water Co.Supreme Court of the United States · 1879
- Jennison v. KirkSupreme Court of the United States · 1879
- Reno Smelting, Milling & Reduction Works v. StevensonNevada Supreme Court · 1889
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3Cited by21 opinions
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- Baker v. Ore-Ida Foods, Inc.Idaho Supreme Court · 1973
- Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
- Village of Peck v. DenisonIdaho Supreme Court · 1969
- Hutchinson v. Watson Slough Ditch Co.Idaho Supreme Court · 1909
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