Legal Opinion

Holt v. City of Cheyenne

Wyoming Supreme Court

Decided January 14, 1914No. 746PublishedCited by 13 opinions

Error .to the District Court, Raramie County; Hon David H. Craig, Judge. The action was brought by Thomas D. Holt against the City of Cheyenne to recover damages for an alleged deprivation of water and water rights. A general demurrer to the petition was sustained, and thereupon judgment was rendered in favor of the defendant. The plaintiff brought error. The material facts are stated in the opinion.

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Error .to the District Court, Raramie County; Hon David H. Craig, Judge. The action was brought by Thomas D. Holt against the City of Cheyenne to recover damages for an alleged deprivation of water and water rights. A general demurrer to the petition was sustained, and thereupon judgment was rendered in favor of the defendant. The plaintiff brought error. The material facts are stated in the opinion. No bill of exceptions- is necessary to preserve an exception to an adverse ruling on a demurrer when judgment is entered upon the demurrer, and an exception is allowed and appears in the journal…

1Opinion of the Court

Scott, Chief Justice.

This is an action for damages for an alleged unlawful use of water claimed for irrigation purposes brought in the District Court of Laramie County by the plaintiff in error who will hereinafter be referred to as the plaintiff, to recover damages from the defendant in error which was defendant in the lower court and which will be referred to as the defendant or the city.

A. demurrer was interposed to the petition upon the alleged ground that the facts stated therein are insufficient to constitute a cause of action in favor of the plaintiff and againsLthe defendant. Upon…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. McGoon v. ScalesSupreme Court of the United States · 1870
  2. Edwards v. City of CheyenneWyoming Supreme Court · 1911
  3. Johnston v. Little Horse Creek Irrigating Co.Wyoming Supreme Court · 1904
  4. Norrell v. Augusta Railway & Electric Co.Supreme Court of Georgia · 1902

3Cited by13 opinions

  1. Wyoming Hereford Ranch v. Hammond Packing Co.Wyoming Supreme Court · 1925
  2. City & County of Denver v. SheriffSupreme Court of Colorado · 1939
  3. White v. Wheatland Irrigation DistrictWyoming Supreme Court · 1966
  4. Van Tassel Real Estate & Livestock Co. v. City of CheyenneWyoming Supreme Court · 1936
  5. City of Corpus Christi v. Nueces County Water Control & Improvement District No. 3Court of Appeals of Texas · 1976

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