Legal Opinion

Squire v. Livezey

Supreme Court of Colorado

Decided January 15, 1906No. 5064; No. 2630 C. APublishedCited by 7 opinions

Appeal from the District Court of Garfield County. Hon. John T. Shumate, Judge. An action for injunction by Samuel Livezey, Thomas King, Sarah F. Armstrong and Fred F. Rothschild against Frank S. Squire, water commissioner for district 39, Garfield county, Colorado. From a judgment in favor of plaintiffs, defendant appeals.

1Opinion of the CourtJustice Gunter

Livezey, King, Armstrong and Rothschild filed their complaint against appellant, Squire, water commissioner for district 39. The allegations, as far as pertinent to this ruling, were in substance as follows:

Livezey owns a one-sixth interest in water priority No. 70, which is of 5 feet decreed to the Creek and Newman Ditch. Armstrong and Rothschild each own a one-twelfth interest in the same priority, and King owns 2.8 feet, priority No. 129, decreed to the same ditch. These claims are under a statutory water decree entered by the district court of Garfield county in 1889. In the same decree,…

2Cases cited1 opinion

  1. Brown v. Farmers' High Line Canal & Reservoir Co.Supreme Court of Colorado · 1899

3Cited by7 opinions

  1. McLean v. Farmers' High Line Canal & Reservoir Co.Supreme Court of Colorado · 1908
  2. Mitchell Irr. Dirstrict v. WhitingWyoming Supreme Court · 1943
  3. Humboldt Land & Cattle Co. v. AllenDistrict Court, D. Nevada · 1926
  4. State Ex Rel. McKnight v. District CourtMontana Supreme Court · 1941
  5. Koch v. WhittenSupreme Court of Colorado · 1959

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