Legal Opinion

Oliver v. Agasse

California Supreme Court

Decided March 21, 1901No. Sac. No. 719PublishedCited by 12 opinions

APPEAL from a judgment of the Superior Court of Tuolumne County and from an order denying a new trial. G. W. Nicol, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtVan Dyke,j.

—This action was brought to have the defendant move off a pipe-line which he had laid in an old ditch extending across the mining claim belonging to plaintiff. The Tuolumne County Water Company for many years past has been the owner of the water-ditch crossing said plaintiff’s mining claim, conveying water therein for sale for mining and irrigation purposes. Defendant is the owner of a tract of agricultural land adjoining said mining claim, and has been for many years purchasing water from the Tuolumne County Water Company, and during said time conveying the same from the ditch of the…

2Cases cited4 opinions

  1. Allen v. San José Land & Water Co.California Supreme Court · 1891
  2. Smith v. HawkinsCalifornia Supreme Court · 1895
  3. North Fork Water Co. v. EdwardsCalifornia Supreme Court · 1898
  4. Joseph v. AgerCalifornia Supreme Court · 1895

3Cited by12 opinions

  1. Hannah v. PogueCalifornia Supreme Court · 1944
  2. Coulsen v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1929
  3. Felsenthal v. WarringCalifornia Court of Appeal · 1919
  4. Posey v. DoveNew Mexico Supreme Court · 1953
  5. Matthiessen v. GrandCalifornia Court of Appeal · 1928

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