Taylor v. Bartholomew
Idaho Supreme Court
APPEAL from District Court, Cassia County. Whenever the defendant seeks affirmative relief against .any party relating to or depending upon the contract or transaction upon which the action is brought, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint.
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APPEAL from District Court, Cassia County. Whenever the defendant seeks affirmative relief against .any party relating to or depending upon the contract or transaction upon which the action is brought, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint. The cross-complaint must be served upon the parties affected thereby, and such parties may demur or answer thereto as to the original complaint. (Idaho Rev. Stats. 1887, sec. 4188; Van Bibber v. Hilton, 84 Cal. 585, 24…
1Opinion of the CourtHuston, C. J.
— This action was brought by the plaintiffs against some twenty-five defendants, for the purpose of adjusting and establishing the rights of the various parties to the waters of Eaft river and its tributaries. The complaint sets up the claim of the plaintiffs to a certain amount of the waters of Eaft river by virtue of appropriation and user since the year 1875; sets forth the description of the lands of the plaintiffs for the irrigation of which said water was appropriated and has been used since 1875; and avers the necessity of such water for the cultivation of said lands. The complaint…
2Cited by1 opinion
- Taylor v. McCormickIdaho Supreme Court · 1901