Smith v. Duff
Montana Supreme Court
Appeal from District Court, Broadivater County; ~W. B. C. Stewart, Judge. Suit by Joseph E. Smith and another against A. T. Duff and others, and from the decree determining water rights defendants, Ilossfeld Agricultural & Stockraising Co., and others appeal.
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Appeal from District Court, Broadivater County; ~W. B. C. Stewart, Judge. Suit by Joseph E. Smith and another against A. T. Duff and others, and from the decree determining water rights defendants, Ilossfeld Agricultural & Stockraising Co., and others appeal. To constitute a valid appropriation of water, three elements must always exist: First, the intent to apply to some beneficial ■ use, existing at the time or contemplated in the future; second, a diversion from the natural channel by means of a ditch, canal or other structure; and third, an application of it within a reasonable time, to…
1Opinion of the Court
HONORABLE LLEWELLYN L. CALLAWAY,
Judge of the Fifth Judicial District, sitting in place of MR. JUSTICE SMITH, delivered the opinion of the court.
This controversy, like the last preceding one decided by the court, grows out of the Crow creek water suit. While there were many parties to that suit, the only ones who appear to be affected by this appeal are the Hossfeld Agricultural & Stock-raising Company, the Smith heirs, and Ed. Hossfeld, appellants, and Blondell, Massa, and Rothfus, respondents. We shall refer to these respective parties hereafter as the appellant's and respondents. The…
2Cases cited10 opinions
- Toohey v. CampbellMontana Supreme Court · 1900
- Smith v. DuffMontana Supreme Court · 1909
- McDonald v. LannenMontana Supreme Court · 1897
- Power v. SwitzerMontana Supreme Court · 1898
- Beaverhead Canal Co. v. Dillon Electric Light & Power Co.Montana Supreme Court · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.Arizona Supreme Court · 1931
- Allen v. PetrickMontana Supreme Court · 1924
- Bailey v. TintingerMontana Supreme Court · 1912
- Rock Creek Ditch & Flume Co. v. MillerMontana Supreme Court · 1933
- Galiger v. McNultyMontana Supreme Court · 1927
21 more not listed; retrieve them via the Exa API.