Knowles v. Clear Creek, Platte River Mill & Ditch Co.
Supreme Court of Colorado
Error to the District Court of Arapahoe County. Application for writ of mandamus. Joesph C. Knowles brought this action to compel the de-' fendant in error to furnish water to be used upon- a certain tract of land during the irrigating season of 1888. An alternative writ of mandamus was issued, setting forth that he was the owner of the land described, and owner of one-half share of the stock of defendant company, which entitled him to seventy inches of water which he was…
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Error to the District Court of Arapahoe County. Application for writ of mandamus. Joesph C. Knowles brought this action to compel the de-' fendant in error to furnish water to be used upon- a certain tract of land during the irrigating season of 1888. An alternative writ of mandamus was issued, setting forth that he was the owner of the land described, and owner of one-half share of the stock of defendant company, which entitled him to seventy inches of water which he was entitled to use upon said land. Defendant, in its return thereto, admits that plaintiff is the owner of the land and the…
1Opinion of the CourtJustice Goddard
The evidence offered on the trial below is not preserved by bill of exceptions' and made a part of the record, and therefore is not before us, and we can look only to the record proper, consisting of the pleadings and judgment, to determine the correctness of the judgment of the court below. The question presented thereby is as to the right of the plaintiff in error to have the water, or any portion of it, to which he is entitled by virtue of his ownership of stock, applied to land other than the upper ranch. It is well settled in this state that “ One who has • acquired the right to divert…
2Cases cited1 opinion
- Fuller v. Swan River Placer Min. Co.Supreme Court of Colorado · 1888
3Cited by5 opinions
- High Plains A & M, LLC v. Southeastern Colorado Water Conservancy DistrictSupreme Court of Colorado · 2005
- Fort Lyon Canal Co. v. Catlin Canal Co.Supreme Court of Colorado · 1982
- Mountain Supply Ditch Co. v. LindekugelColorado Court of Appeals · 1913
- Miocene Ditch Co. v. Campion Mining & Trading Co.District Court, D. Alaska · 1908
- Mountain Supply Ditch Co. v. LindekugelColorado Court of Appeals · 1913