Quirk v. Rich
Montana Supreme Court
Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by Thomas Quirk against George Rich. There was a decree substantially for defendant. From an order denying a new trial, plaintiff appeals. The instrument on which the defendant bases his claim in the trial court is not a conveyance of any water right or of any water.
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Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by Thomas Quirk against George Rich. There was a decree substantially for defendant. From an order denying a new trial, plaintiff appeals. The instrument on which the defendant bases his claim in the trial court is not a conveyance of any water right or of any water. Differing in this respect from the contract considered by this court in Middle Creek Ditch Co. v. Henry, 15 Mont. 558, 39 Pac. 1054, it is merely an agreement for the use of water under appropriations. Hence, it cannot have any greater effect than to make…
1Opinion of the CourtJustice Smith
This action was begun on January 9, 1906. It appears from the complaint that on April 17, 1889, one Frank Derosier appropriated 200 inches of the waters of a certain stream “known under the name of Edwards creek or'Chief creek, and is now known as Edwards creek, alias Chief creek, alias Derosier creek”; and that prior to the first day of May, 1887, the plaintiff appropriated “from the waters of said Edwards creek, alias Chief creek, alias Derosier creek 200 miners’ inches of the waters of said Edwards creek.” The plaintiff is now the owner of both of said water rights. He alleges that the…
2Cases cited4 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Finlen v. HeinzeMontana Supreme Court · 1905
- Pope v. AlexanderMontana Supreme Court · 1907
- Watkins v. WatkinsMontana Supreme Court · 1909
3Cited by15 opinions
- Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
- Ferry & Co. v. ForquerMontana Supreme Court · 1921
- Berne v. StevensMontana Supreme Court · 1923
- Helena Light & Ry. Co. v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
- Butte Water Co. v. City of ButteMontana Supreme Court · 1914
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