Smith v. People
Colorado Court of Appeals
Error to the District Court of Arapahoe County. It appears that some time prior to the year 1882 (date not shown), three individuals, Leese, Davis and Bingel, constructed a small ditch some five miles long to convey water to irrigate their separate farms.
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Error to the District Court of Arapahoe County. It appears that some time prior to the year 1882 (date not shown), three individuals, Leese, Davis and Bingel, constructed a small ditch some five miles long to convey water to irrigate their separate farms. Such ditch was taken out of the Rio Grande river in Rio Grande county, and was known as the “ Bingel ” ditch; that they remained the owners of the ditch until some time prior to December, 1882, when, they sold and transferred the ditch and water rights to one J. Si Stanger, who at once proceeded to reconstruct and enlarge the ditch, using…
1Opinion of the CourtReed, J.
Preliminary to the discussion of supposed errors as assigned and presented by counsel, arises a question, novel in character, but seemingly of great importance, or rather several questions.
*104First. The district courts of Rio Grande and Arapahoe counties being courts of equal and concurrent jurisdiction, and the right of the parties and the title to the property having been adjudicated and a final decree entered in the district court of Rio Grande county — were not the matters, as far as district courts were concerned, res adjudieata ? After the final decree, from which an appeal was taken to…
2Cases cited16 opinions
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
- Ex Parte FISKSupreme Court of the United States · 1885
- Worden v. SearlsSupreme Court of the United States · 1887
- Veeder v. . BakerNew York Court of Appeals · 1880
- Cook v. PendergastCalifornia Supreme Court · 1882
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3Cited by2 opinions
- Davis v. DunlevyColorado Court of Appeals · 1898
- Davis v. DunlevyColorado Court of Appeals · 1898