Pew v. Johnson
Montana Supreme Court
Appeal from District Court, Broadwater County; W. B. C. Stewart, Judge. Action by George H. Pew against S. S. Johnson. From a judgment for defendant, and from an order denying him a new trial, plaintiff appeals.
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Appeal from District Court, Broadwater County; W. B. C. Stewart, Judge. Action by George H. Pew against S. S. Johnson. From a judgment for defendant, and from an order denying him a new trial, plaintiff appeals. On the proposition that the judgment-rolls in prior suits were not res adjudicata, and therefore improperly admitted, see City of Spanish Fork v. Hopper, 7 Utah, 235, 26 Pae. 293; Throckmorton v. Burr, 5 Cal. 400; Covillaud v. Tanner, 7 Cal. 38; Wattson v. Dowling, 26 Cal. 127; Williams v. Sutton, 43 Cal. 71. A person not a party to the litigation cannot, by accepting the result, make…
1Opinion of the CourtChief Justice Brantly
This action was brought to determine, as between the plaintiff and defendant the right to the use of the waters of Silver creek, in Lewis and Clark county.
Plaintiff claims the right to the exclusive use of one hundred and sixty-seven and one-half inches, statutory measurement, as the successor in interest of one Austin and one Dale, who, in 1865, settled upon adjoining portions of section 29, township 11, north of range 3 west, which is traversed by said stream, and on May 25th of that year made a joint appropriation of water therefrom *176and established their right by constructing a joint…
2Cases cited1 opinion
- Reynolds v. FitzpatrickMontana Supreme Court · 1903
3Cited by6 opinions
- Missoula Light & Water Co. v. HughesMontana Supreme Court · 1938
- Lowry v. CarrierMontana Supreme Court · 1918
- O'Neil v. O'NeilMontana Supreme Court · 1911
- Estey & Camp v. LutherCourt of Appeals of Texas · 1911
- Bank of Meno v. CoulterSupreme Court of Oklahoma · 1923
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