O'Neill v. Yellowstone Irrigation District
Montana Supreme Court
Appeal from, District Court,. Rosebud County; Sydney Fox, Judge. Action by Thomas J. O’Neill against the Yellowstone Irrigation District and the Sanders Co-operative Ditch Company, to test the validity of Chapter 146 of the Laws of 1909, providing for the creation, organization, and government of irrigation districts. From a judgment in favor of defendants, the plaintiff appeals.
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Appeal from, District Court,. Rosebud County; Sydney Fox, Judge. Action by Thomas J. O’Neill against the Yellowstone Irrigation District and the Sanders Co-operative Ditch Company, to test the validity of Chapter 146 of the Laws of 1909, providing for the creation, organization, and government of irrigation districts. From a judgment in favor of defendants, the plaintiff appeals. The plaintiff, as a taxpayer and land owner in the proposed irrigation district, can maintain this action, and each and every question raised by the pleadings in the district court is properly before this court.…
1Opinion of the CourtChief Justice Brantly
The plaintiff is a resident of Rosebud county. He is the owner of farming land situate therein, and within the boundaries of the defendant, the Yellowstone Irrigation District, subject to taxation for the purpose of maintaining the district and paying the principal and interest on an indebtedness of $250,000, which it has contracted, or is about to contract, by issuance and sale of its bonds. The district was organized under authority of the Act of the Eleventh Legislative Assembly (Session Laws 1909, Chap. 146, p. 254), entitled “An Act to provide for the creation, organization, government…
2Cases cited30 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
25 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Linder v. SmithMontana Supreme Court · 1981
- City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
- State Ex Rel. Normile v. CooneyMontana Supreme Court · 1935
- In Re City of PhoenixArizona Supreme Court · 1938
- Scilley v. Red Lodge-Rosebud Irrigation DistrictMontana Supreme Court · 1928
28 more not listed; retrieve them via the Exa API.