Bennett v. Quinlan
Montana Supreme Court
Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by 'James H. Bennett against H. J. Quinlan. From a judgment for plaintiff and an order denying Mm a new trial, defendant appeals. A matter will not be considered as res adjudicada unless it appears from the judgment or from the judgment-roll to have been adjudicated.
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Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by 'James H. Bennett against H. J. Quinlan. From a judgment for plaintiff and an order denying Mm a new trial, defendant appeals. A matter will not be considered as res adjudicada unless it appears from the judgment or from the judgment-roll to have been adjudicated. (Sloan v. Byers, 37 Mont. 503, 97 Pac. 855; McNinch v. Cramford, 30 Mont. 297, 76 Pac. 698; Whited v. Gavin et ad., 55 Or. 98, 105 Pac. 396; Farnham on Water, p. 21; Hough v. Porter, 51 Or. 318, 95 Pae. 732, 98 Pac. 1083, 102 Pac. 728.) He who claims matter…
1Opinion of the CourtChief Justice Brantly
This action was brought to have determined the extent of the respective interests of the plaintiff and defendant in a water right acquired by their predecessors by appropriation for agricultural purposes from Race Track creek, formerly in Deer Lodge, now in Powell county. The original appropriation was small, and was made by John Duncan in 1871. It was enlarged to 400 inches by Duncan and L. Strickland in 1872; the diversion being completed on June 5 of that year. They each held a possessory right upon the public lands lying along the south side of the stream. They made the appropriation…
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- Kleinschmidt v. BinzelMontana Supreme Court · 1894
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