Bear Lake County v. Budge
Idaho Supreme Court
ORIGINAL application for writ of prohibition to restrain the judge of the Fifth Judicial District of Idaho, in and for Bear Lake County, from proceeding to try an action brought under the provisions of an act concerning the regulation of waters appropriated for a beneficial purpose, approved March 11, 1903. In sections 4 and 5 of this statute, pages 228, 229, there is provision, in effect, for a determination by the state engineer of the quantity of water which can be…
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ORIGINAL application for writ of prohibition to restrain the judge of the Fifth Judicial District of Idaho, in and for Bear Lake County, from proceeding to try an action brought under the provisions of an act concerning the regulation of waters appropriated for a beneficial purpose, approved March 11, 1903. In sections 4 and 5 of this statute, pages 228, 229, there is provision, in effect, for a determination by the state engineer of the quantity of water which can be diverted and conducted to the place of intended use, and a determination of the lands, by giving a description of them for…
1Opinion of the CourtSullivan, C. J.
This is an application for a writ of prohibition to the judge of the fifth judicial district of the state of Idaho. The writ is sought to prohibit the judge of said court from further proceedings in an action pending in Bear Lake county, wherein one Edward J. Turner, as water commissioner for the first district of Idaho, is plaintiff, and. *708all claimants to the use of water of a certain creek known as Dairy Canyon creek, situated in said county, were defendants,, none of which defendants are named in said action. The petition or affidavit for said writ sets forth, among other facts, that the…
2Cases cited4 opinions
- Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900
- State v. GuilbertOhio Supreme Court · 1897
- People ex rel. Deneen v. SimonIllinois Supreme Court · 1898
- Brown v. Board of Levee CommissionersMississippi Supreme Court · 1874
3Cited by21 opinions
- Pope v. Intermountain Gas Co.Idaho Supreme Court · 1982
- Boise Irrigation & Land Co. v. StewartIdaho Supreme Court · 1904
- Speer v. StephensonIdaho Supreme Court · 1909
- Farmers' High Line & Reservoir Co. v. WolfColorado Court of Appeals · 1913
- Big Wood Canal Co. v. ChapmanIdaho Supreme Court · 1927
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