West Point Irrigation Co. v. Moroni & Mt. Pleasant Irrigation Ditch Co.
Utah Supreme Court
Appeal from the Seventh District Court, San Pete County, Hon. Ogden Hiles, Judge. Action for an injunction to restrain defendant from diverting certain waters and for damages. From a judgment for defendants, plaintiff appealed. The statutes of Utah, in force at the time the decision was rendered in this case, were, as now, very liberal in respect to amendments for the furtherance of justice.
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Appeal from the Seventh District Court, San Pete County, Hon. Ogden Hiles, Judge. Action for an injunction to restrain defendant from diverting certain waters and for damages. From a judgment for defendants, plaintiff appealed. The statutes of Utah, in force at the time the decision was rendered in this case, were, as now, very liberal in respect to amendments for the furtherance of justice. Sec. 3256, Compiled Laws of Utah, 1888; see also Secs. 3181, 3184, 3192, id.; Ency. of Plead. & Prac., Yol. 1, pp. 466-7, 484. “It is not usual, nor is it proper, for a court of chancery to dismiss a bill…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MineeMinee, J.
The relief prayed in the complaint was for an injunction to prevent the defendants from obstructing the flow of water of Sanpitch River to plaintiff’s dam and ditches. It was not an action to quiet title. Plaintiff claimed the water flowing south of the Rock Dam to his ditch. The *235S. E. Field and Canal Dam is about two miles up the river and east of tbe Rock Dam. Defendant’s main ditcb is taken out just above the latter dam, and runs in a westerly course down the river, and waters a large quantity of land. Between these two dams are five ditches owned by other persons,…
3Cases cited2 opinions
- Hillman v. NewingtonCalifornia Supreme Court · 1880
- Klopenstine v. HaysUtah Supreme Court · 1899
4Cited by3 opinions
- Binford v. EcclesUtah Supreme Court · 1912
- Beecher v. Cassia Creek Irrigation Co.Idaho Supreme Court · 1944
- Dameron Valley Reservoir & Canal Co. v. BleakUtah Supreme Court · 1922