Van Camp v. Emery
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Custer County. Motion for a new trial heard before Hon. Geo. H. Stewart. Judge of the Third Judicial District at Boise, Ada County. Action to determine the priorities to the use of the waters of Warm Springs creek, Custer county. Judgment and decree determining the several rights of the parties. Plaintiff moved for a new trial and the motion was granted and defendant appealed from the order.
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APPEAL from the District Court of the Sixth Judicial District for Custer County. Motion for a new trial heard before Hon. Geo. H. Stewart. Judge of the Third Judicial District at Boise, Ada County. Action to determine the priorities to the use of the waters of Warm Springs creek, Custer county. Judgment and decree determining the several rights of the parties. Plaintiff moved for a new trial and the motion was granted and defendant appealed from the order. The statement on motion for new trial was not filed with the clerk of the court as required by law. The statement was settled on October…
1Opinion of the CourtAilshie, C. J.
This action was originally commenced in the district court in and for Custer county in the year 1898, to determine the rights and priorities of the plaintiffs in and to the waters of Warm Springs creek within that county. Issue was thereafter joined and a stipulation was filed by counsel, whereby judgment was authorized in favor of the plaintiffs and was thereafter accordingly entered. On the twenty-second day of June, 1898, the defendant, having in the meanwhile discharged his former counsel and employed other counsel, began proceedings to have the judgment set aside and vacated. After a…
2Cases cited2 opinions
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