Ryan v. Quinlan
Montana Supreme Court
Appeal from, District Court, Dowell County; W. B. C. Stewart, Judge of the Ninth Judicial District, presiding. Aotion by Jeremiah Ryan against John Quinlan and others. Judgment for defendants, and plaintiff appeals. argued the cause orally.
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Appeal from, District Court, Dowell County; W. B. C. Stewart, Judge of the Ninth Judicial District, presiding. Aotion by Jeremiah Ryan against John Quinlan and others. Judgment for defendants, and plaintiff appeals. argued the cause orally. Where waters do not flow in a well-defined stream upon the surface of the earth, but disappear under the surface of the ground, they are presumed not to be tributary to any particular stream of water, and the burden of proof is upon the person asserting such waters to be tributary to any particular stream to establish such fact. And the fact that waters…
1Opinion of the CourtChief Justice Brantly
This cause is before this court upon appeals by the plaintiff from a decree in favor of defendants and an order denying his motion for a new trial. The controversy involves the right to the use of the water in Blind or Ryan lake, situated in Powell county. Dempsey creek has its source on the eastern slope of a range of mountains extending north and south, and flows through a canyon toward the southeast into the valley, and thence into Deer Lodge river. Blind lake is situated on the public domain, in a depression high up on the eastern slope of the same range, some distance to the southwest.…
2Cases cited17 opinions
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- City of Los Angeles v. PomeroyCalifornia Supreme Court · 1899
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Forbell v. . City of New YorkNew York Court of Appeals · 1900
- Wheatley v. BaughSupreme Court of Pennsylvania · 1855
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3Cited by31 opinions
- Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.Arizona Supreme Court · 1931
- Gas Products Co. v. RankinMontana Supreme Court · 1922
- Rock Creek Ditch & Flume Co. v. MillerMontana Supreme Court · 1933
- Nelson v. C & C PLYWOOD CORP.Montana Supreme Court · 1970
- Newton v. WeilerMontana Supreme Court · 1930
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