Beach v. Spokane Ranch & Water Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clarice County; Henry C. Smith, Judge. Action by Calvin Beach, an insane person, by Elizur Beach, his guardian, and others, against the Spokane Banch & Water Company. Erom a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtJustice Pigott
Three aspects of this cause are reported in 21 Montana, at pages 7 and 184, and ante, page 367 (52 Pac. 560, 53 Pac. 495, 65 Pac. 106).
McClellan creek, from which the defendant diverts water, empties into Prickly Pear creek at a point above the places where the plaintiffs divert the waters used by them. The plaintiffs are owners in severalty of divers parcels of land and of the water rights used thereon, and by this action sought a decree declaring that their rights to the use of the waters of Prickly Pear creek are prior and superior to the right of the defendant *381to use the waters of…
2Cases cited7 opinions
- Belknap v. TrimbleNew York Court of Chancery · 1831
- Sharman v. HuotMontana Supreme Court · 1898
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- Taylor v. Bay City Street Railway Co.Michigan Supreme Court · 1890
- Foreman v. BoyleCalifornia Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jenkins v. CarrollMontana Supreme Court · 1910
- State ex rel. Beach v. District CourtMontana Supreme Court · 1903
- Poe v. Sheridan CountyMontana Supreme Court · 1916
- Thelen v. VogelMontana Supreme Court · 1929
- Howell v. BentMontana Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.