Wheeler v. Northern Colorado Irrigation Co.
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. Appellant, as relator, instituted mandamus proceedings in the court below to compel the respondent company to furnish him water for irrigation.' Respondent demurred to the alternative writ; the demurrer was sustained and judgment entered in its favor. From this judgment the present appeal was taken. The following constitutional and statutory provisions are considered or referred to in the opinion: CONSTITUTION, ART. XVI.
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Appeal from District Court, Arapahoe County. Appellant, as relator, instituted mandamus proceedings in the court below to compel the respondent company to furnish him water for irrigation.' Respondent demurred to the alternative writ; the demurrer was sustained and judgment entered in its favor. From this judgment the present appeal was taken. The following constitutional and statutory provisions are considered or referred to in the opinion: CONSTITUTION, ART. XVI. Sec. 5. The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be…
1Opinion of the CourtHelm, J.
The alternative writ of mandamus performs the office of the complaint'in an ordinary civil action. It must state a cause of action, and failing- to do so will not support a judgment. Its legal sufficiency may, by the return or answer provided for in the Civil Code, be challenged as upon demurrer and tested under the rules of pleading- applicable to the ordinary complaint, when assailed by demurrer.
The alternative writ before us is somewhat informal and undoubtedly contains unnecessary matter; but, so far as mere form is concerned, we shall hold it sufficient without discussion, and proceed to…
2Cases cited4 opinions
- Dayton v. LashSupreme Court of the United States · 1876
- Price v. Riverside Land & Irrigating Co.California Supreme Court · 1880
- Vincent v. Chicago & Alton RailroadIllinois Supreme Court · 1868
- Chicago & Northwestern Railway Co. v. People ex rel. HempsteadIllinois Supreme Court · 1870
3Cited by66 opinions
- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
- People Ex Rel. Rogers v. LetfordSupreme Court of Colorado · 1938
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- Farmers Independent Ditch Co. v. Agricultural Ditch Co.Supreme Court of Colorado · 1896
- Farmers' High Line Canal & Reservoir Co. v. SouthworthSupreme Court of Colorado · 1889
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