Stethem v. Skinner
Idaho Supreme Court
APPEAL from the District Court in and for Lemhi County. Honorable J. M. Stevens, Judge. Petition for a writ of mandate against the water-master of Jessie creek district, Lemhi county; defendant demurred to the complaint and demurrer was sustained, and judgment of dismissal was thereupon entered. Plaintiffs appealed.
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APPEAL from the District Court in and for Lemhi County. Honorable J. M. Stevens, Judge. Petition for a writ of mandate against the water-master of Jessie creek district, Lemhi county; defendant demurred to the complaint and demurrer was sustained, and judgment of dismissal was thereupon entered. Plaintiffs appealed. By the decree the parties were awarded certain rights to the use of the waters in and to Jessie creek (all of which is one stream for general purposes), to be measured at the heads of their ditches. Neither of them could afterward change the location of the heads of their ditches…
1Opinion of the CourtAilshie, J.
— This action was commenced in the district court for the purpose of obtaining a peremptory writ of mandate against the defendant, Martin B. Skinner, as water-*378master of the Jessie creek district in L-nnhi county. It is alleged by thu bill or complaint that the defendant, as such water-master, has distributed to E. T. and W. S. Andrews, John Long and Elmer Manful certain waters out of the “left-hand fork” of Jessie creek, while in fact the distribution should be made to them out of the right-hand fork of that stream. It is alleged that in the year 1893, in an action then prosecuted in the…
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