Legal Opinion
Green v. Willhite
U.S. Circuit Court for the District of Idaho
Decided October 31, 1906No. 270PublishedCited by 10 opinions
On Demurrer to Complaint.
1Opinion of the Court
BEATTY, District Judge.
By this action complainant, as the owner of certain lands, is asking an injunction against defendants, restraining them from further excavating a certain canal over such lands, which they are constructing under tire authority of the government. To the complaint the defendants interpose their demurrer, assigning that it does not state a cause of action.
To a proper understanding of the case the consideration of two acts of Congress is necessary. By the act approved October 2, 1888 (25 Stat. 526, c. 1069 [U. S. Comp. St. 1901, p. 1552]), it is provided that:
“All the lands…
2Cases cited1 opinion
- Frisbie v. WhitneySupreme Court of the United States · 1870
3Cited by10 opinions
- Ide v. United StatesSupreme Court of the United States · 1924
- United States v. IdeCourt of Appeals for the Eighth Circuit · 1921
- United States v. Van HornDistrict Court, D. Colorado · 1912
- Cosby v. DanzigerCalifornia Court of Appeal · 1918
- Hillstrand v. StateDistrict Court, D. Alaska · 1960
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