Gallagher v. Basey
Montana Supreme Court
Appeal from the Third District, Meagher County. The decree was rendered by Wade, J. The jury found eighteen special findings. The facts appear in the opinion. The parties stipulated that this cause should be “heard and determined on the merits of the decree and special findings and record without brief.”
1Opinion of the CourtWade, C. J.
This was an application for an injunction to restrain and perpetually enjoin the defendants from the use of the waters of a certain stream known as Avalanche, situate in the Missouri valley, in Meagher county, Montana.
The complaint is a bill in chancery, and substantially sets forth : That, in the year 1866, the plaintiffs and their predecessors in interest took up certain ranches on the public domain, for the purpose of settlement and cultivation, in the county of Meagher, situate on the Missouri river bottom, a short distance below, a stream known as Avalanche, and that water for irrigating…
2Cited by12 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
- Power v. LenoirMontana Supreme Court · 1899
- Fitzpatrick v. MontgomeryMontana Supreme Court · 1897
- Moore v. Capitol Gas CorporationMontana Supreme Court · 1945
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