Salazar v. Smart
Montana Supreme Court
Appeal from Sixth Judicial District, Covmty of Meagher. Action to quiet title to water right, and for an injunction. Defendant’s motion to dissolve injunction was denied by Henry, J. As water must be appropriated for a beneficial purpose, so it must be used in the furtherance of that purpose. It cannot be ascertained from plaintiff’s complaint what was the nature, character, or the extent of the use alleged by him.
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Appeal from Sixth Judicial District, Covmty of Meagher. Action to quiet title to water right, and for an injunction. Defendant’s motion to dissolve injunction was denied by Henry, J. As water must be appropriated for a beneficial purpose, so it must be used in the furtherance of that purpose. It cannot be ascertained from plaintiff’s complaint what was the nature, character, or the extent of the use alleged by him. Nor does the complaint state how much, if any, of the said water was necessary for use upon the land described in the complaint. “The mere allegation that irreparable injury would…
1Opinion of the CourtHarwood, J.
This appeal is from an order refusing to dissolve an injunction. By this action plaintiff seeks to obtain a decree confirming the prior right and title in him to the use and benefit of two hundred inches of the water of Banuack Springs Creek, for purposes of irrigating certain lands described in his complaint, as against the claims of defendants; and, by injunction, to prevent defendants, and all others acting for or under them, from further taking, interfering with, or diverting from plaintiff the said water; for two hundred dollars damages for past diversion thereof from plaintiff, and for…
2Cases cited1 opinion
- Fabian v. CollinsMontana Supreme Court · 1876
3Cited by12 opinions
- Norman v. CorbleyMontana Supreme Court · 1905
- Shammel v. VoglMontana Supreme Court · 1964
- Wyatt v. HendersonOregon Supreme Court · 1897
- Triphonoff v. SweeneyOregon Supreme Court · 1913
- Sherrard v. WerlineOregon Supreme Court · 1939
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