Thorp v. Freed
Montana Supreme Court
Appeal from the Third District, Lewis and Clarke County. The court, Wade, J., rendered the decision in this case. The facts are stated in the opinions. Counsel filed an argument containing authorities on the questions on which there was no opinion of the court. [The reporter has omitted that part of the argument relating to the water questions.] There are no written findings in this case and none were demanded by appellants. Civ. Prac.
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Appeal from the Third District, Lewis and Clarke County. The court, Wade, J., rendered the decision in this case. The facts are stated in the opinions. Counsel filed an argument containing authorities on the questions on which there was no opinion of the court. [The reporter has omitted that part of the argument relating to the water questions.] There are no written findings in this case and none were demanded by appellants. Civ. Prac. Act, § 180; Sanchez v. McMahon, 35 Cal. 225. No defects or specifications of errors- are pointed out, as required by statute. Hidden v. Jordan, 28 Cal. 302 ;…
1Opinion of the CourtKnowles, J.
This case, in some respects, is anomalous. The plaintiffs assert a right to the waters of Prickley Pear creek, as appropriators thereof for the purposes of irrigation, and complain that the defendants have diverted some of the waters of- said creek, and prevented the same from flowing into plaintiffs’ irrigating ditches, and ask for an injunction to preven! the continuance of this breach of their rights.
The question of the right, in this Territory, to appropriate water for the purposes of irrigation, is one of great importance and general interest, and which, perhaps, ought to be *653determined…
2Cases cited3 opinions
- Hidden v. JordanCalifornia Supreme Court · 1865
- Hutton v. ReedCalifornia Supreme Court · 1864
- Ortman v. DixonCalifornia Supreme Court · 1859
3Cited by11 opinions
- Willey v. DeckerWyoming Supreme Court · 1903
- Mettler v. Ames Realty Co.Montana Supreme Court · 1921
- Zickler v. DeeganMontana Supreme Court · 1895
- Horsky v. MoranMontana Supreme Court · 1893
- Esselstyn v. HolmesMontana Supreme Court · 1911
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