Legal Opinion

Bennett v. Quinlan

Montana Supreme Court

Decided April 15, 1913No. 3,237PublishedCited by 7 opinions

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…

2Cases cited9 opinions

  1. Russell v. PlaceSupreme Court of the United States · 1877
  2. Castro v. BarryCalifornia Supreme Court · 1889
  3. Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
  4. Merk v. Bowery Mining Co.Montana Supreme Court · 1904
  5. Kleinschmidt v. BinzelMontana Supreme Court · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State Ex Rel. Delmoe v. District CourtMontana Supreme Court · 1935
  2. Wills v. MorrisMontana Supreme Court · 1935
  3. Blaser v. Clinton Irrigation DistrictMontana Supreme Court · 1935
  4. Whitcomb v. MurphyMontana Supreme Court · 1933
  5. Cocanougher v. Montana Life InsuranceMontana Supreme Court · 1936

2 more not listed; retrieve them via the Exa API.

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