Helphery v. Perrault
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Frank J. Smith, Judge of the Seventh Judicial District, presiding. Action to procure a writ of mandate; demurrer to complaint was sustained and a judgment was entered dismissing the action. Plaintiffs appealed. All persons having an interest in the subject of the action and in obtaining the relief demanded may be joined as plaintiffs, except when otherwise provided in this code.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Frank J. Smith, Judge of the Seventh Judicial District, presiding. Action to procure a writ of mandate; demurrer to complaint was sustained and a judgment was entered dismissing the action. Plaintiffs appealed. All persons having an interest in the subject of the action and in obtaining the relief demanded may be joined as plaintiffs, except when otherwise provided in this code. (Rev Stats., sec. 4101; Frost v. Alturas Water Go., 11 Idaho, 294, 81 Pac. 996; Pomeroy’s Code, Remedies, 4th ed., sees. 116, 117;…
1Opinion of the CourtAilshie, J.
This action was commenced for the purpose of procuring a writ of mandate compelling the defendants, doing business under the name of the Perrault Ditch Company, to turn out of their main canal and deliver to the plaintiffs “.14 of a second foot of water per second continuous flow,” for the purpose of irrigating certain lands belonging to the plaintiffs. The action is commenced by_ Daniel Helphery and twelve others. Helphery makes the affidavit in which he says “that he, together with the other above-named plaintiffs, own, possess and occupy the following described real estate, all situated in…
2Cases cited1 opinion
- Frost v. Alturas Water Co.Idaho Supreme Court · 1905
3Cited by3 opinions
- State v. Twin Falls Canal Co.Idaho Supreme Court · 1911
- McCoy v. HuntleyOregon Supreme Court · 1911
- Williams v. NeddoIdaho Supreme Court · 1945