Montpelier Milling Co. v. City of Montpelier
Idaho Supreme Court
APPEAL from tbe District Court of the Fifth Judicial District, in and for Bear Lake County. Hon. Alfred Budge,. J udge. An action to enjoin the diversion and appropriation of water. Judgment for plaintiff. Defendant appeals. The findings of fact do not cover the issues raised by the pleadings and are not responsive to the issues, and do not sustain the judgment of the court.
Read the full summary
APPEAL from tbe District Court of the Fifth Judicial District, in and for Bear Lake County. Hon. Alfred Budge,. J udge. An action to enjoin the diversion and appropriation of water. Judgment for plaintiff. Defendant appeals. The findings of fact do not cover the issues raised by the pleadings and are not responsive to the issues, and do not sustain the judgment of the court. (8 Ency. of PI. & Pr. 943, 949; Winterburn v. Chambers, 91 Cal. 170, 27 Pae. 658; Kim-ball v. Lohmas, 31 Cal. 154; Pouting v. Isaman, 7 Ida. 581.. 65 Pac. 434.). Where the findings of fact are not responsive to the…
1Opinion of the CourtStewart, C. J.
— This action is brought by the Montpelier Milling Company, a corporation, for the purpose of obtaining an injunction against the city of Montpelier, a municipal corporation, restraining the municipality from diverting the waters of Montpelier creek in Bear Lake county, Idaho. The cause was tried to the court and findings of fact made and a decree entered in favor of the plaintiff. The defendant, the city of Montpelier, appeals from the judgment.
The first question for consideration is the sufficiency of the complaint. In substance the complaint alleges: the corporate capacity of the plaintiff…
Also in this document: Concurrence.
2Cases cited5 opinions
- Town of Sterling v. Pawnee Ditch Extension Co.Supreme Court of Colorado · 1908
- Foore v. Simon Piano Co.Idaho Supreme Court · 1910
- Brown v. MaceyIdaho Supreme Court · 1907
- Hill v. Standard Mining Co.Idaho Supreme Court · 1906
- Walker v. McGinnessIdaho Supreme Court · 1902
3Cited by11 opinions
- Clear Springs Foods, Inc. v. SpackmanIdaho Supreme Court · 2011
- Gould v. HillIdaho Supreme Court · 1926
- Reynolds Irr. Dist. v. SproatIdaho Supreme Court · 1948
- Koon v. EmpeyIdaho Supreme Court · 1924
- Basinger v. TaylorIdaho Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.