Downing v. Agricultural Ditch Co.
Supreme Court of Colorado
Hrror to the District Court of Jefferson County. In the court below a demurrer to the original complaint was sustained, and the plaintiff filed his amended complaint, of which the following (omitting the formal parts) is a copy: “ That the said defendant is a corporation duly organized under the laws of the state of Colorado, and doing business in the county and state aforesaid; that said company was organized on or about the first day of April, A. D. 1874; that the purpose…
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Hrror to the District Court of Jefferson County. In the court below a demurrer to the original complaint was sustained, and the plaintiff filed his amended complaint, of which the following (omitting the formal parts) is a copy: “ That the said defendant is a corporation duly organized under the laws of the state of Colorado, and doing business in the county and state aforesaid; that said company was organized on or about the first day of April, A. D. 1874; that the purpose for which said company was organized was and is to irrigate lands situate in range 69, townships 8 and 4, and other…
1Opinion of the CourtJustice Campbell
The grievance of which the plaintiff complains and which he has attempted to state in his complaint is that the defendant has deprived him of the use of water for irrigating his lands, to which water he asserts a right superior to that possessed by the defendant. In order to entitle him to the relief sought, his pleading must show that he has such prior right and that defendant has unlawfully deprived him of it. The pleader has set forth at considerable length what he claims to be the facts which constitute plaintiff’s priority, but he has not done so in accordance with the correct rules of…
2Cases cited1 opinion
- Farmers' High Line Canal & Reservoir Co. v. SouthworthSupreme Court of Colorado · 1889
3Cited by5 opinions
- McLean v. Farmers' High Line Canal & Reservoir Co.Supreme Court of Colorado · 1908
- Laramie Irrigation & Power Co. v. GrantWyoming Supreme Court · 1932
- Colorado National Co. v. Colorado National BankSupreme Court of Colorado · 1934
- Farmers Highline Canal & Reservoir Co. v. WebberSupreme Court of Colorado · 1921
- People Ex Rel. Ruybalid v. EspinozaSupreme Court of Colorado · 1927