Tobey v. Bridgewood
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. • Walters, Judge. Action to determine the rights of two different persons to the right to enter upon state land and for an injunction.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. • Walters, Judge. Action to determine the rights of two different persons to the right to enter upon state land and for an injunction. The permit of the state engineer gives only an inchoate right, and is not in itself an appropriation of the public waters of the state, but is merely the consent of the state to such appropriation, to use public waters, under the manner of an appropriation sanctioned by law. {Speer v. Stephenson, 16-Ida. 707, 102 Pac. 365.) The permit of the engineer gave no right…
1Opinion of the CourtStewart, C. J.
This action was brought in the district court of Elmore county by the appellant against J. H. Bridge-wood and W. T. Robinson, for the purpose of obtaining a restraining order, restraining the respondent from entering upon certain premises held by the appellant as a reservoir site. Mary Bridgewood was permitted by the trial court to intervene as a defendant, and is the real defendant in the case, and the one who filed an answer and cross-complaint denying the allegations of the complaint and alleging facts showing a pretended right existing in said Mary Bridgewood, by reason of having been…
2Cases cited9 opinions
- Nielson v. ParkerIdaho Supreme Court · 1911
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Hollister v. StateIdaho Supreme Court · 1903
- Speer v. StephensonIdaho Supreme Court · 1909
- Ada County Farmers' Irrigation Co. v. Farmers' Canal Co.Idaho Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bassett v. SwensonIdaho Supreme Court · 1931
- Ross v. Trustees of UniversityWyoming Supreme Court · 1924
- Hellerud v. HauckIdaho Supreme Court · 1932
- Jones v. McIntireIdaho Supreme Court · 1939
- Maher v. GentryIdaho Supreme Court · 1947
12 more not listed; retrieve them via the Exa API.