Neil v. Hyde
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action to quiet title to use of water. Judgment for plaintiff. The decree and judgment is not res adjudicada, for the reason that no judgment can be pleaded as an estoppel or res adjudicata unless it was pronounced by decision of the court upon the mérits and is his conclusion upon the facts after a final hearing of the case.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action to quiet title to use of water. Judgment for plaintiff. The decree and judgment is not res adjudicada, for the reason that no judgment can be pleaded as an estoppel or res adjudicata unless it was pronounced by decision of the court upon the mérits and is his conclusion upon the facts after a final hearing of the case. There is nothing entered in the decree but the facts stipulated between the plaintiff and defendant therein, and the stipulation was made a part of the decree…
1Opinion of the Court
MORGAN, O. J.
This is an action brought in Owyhee county to determine the rights to the use of the waters of Catherine Creek and its tributaries, all situate in that county, and the priorities of those rights between the original parties and such as might be properly brought in, and to restrain appellants from using the waters of said streams to the detriment of respondent.
All the appellants, some of whom were originally made defendants, and some of whom were afterwards, brought in, by appropriate pleadings joined issue with respondent and by cross-complaint claimed rights to divert and use…
2Cases cited7 opinions
- Davenport v. BurkeIdaho Supreme Court · 1917
- Stickney v. HanrahanIdaho Supreme Court · 1900
- Hemphill v. MoyIdaho Supreme Court · 1917
- McKeehan v. Vollmer-Clearwater Co.Idaho Supreme Court · 1917
- Holland v. Avondale Irrigation DistrictIdaho Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Clegg v. United StatesCourt of Appeals for the Tenth Circuit · 1940
- Gilbert v. SmithIdaho Supreme Court · 1976
- Fritcher v. KelleyIdaho Supreme Court · 1921
- Evans v. DavidsonIdaho Supreme Court · 1937
- Wood River Power Co. v. ArkooshIdaho Supreme Court · 1923
11 more not listed; retrieve them via the Exa API.