McGinness v. Stanfield
Idaho Supreme Court
APPEAL from District Court, Elmore County. This suit was instituted for the purpose of establishing the respective priorities of right to the use or the waters of Cold Spring creek in Elmore county.
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APPEAL from District Court, Elmore County. This suit was instituted for the purpose of establishing the respective priorities of right to the use or the waters of Cold Spring creek in Elmore county. The judgment should not be upheld, inasmuch as it is in violation of the plain provisions of the statutes of this state enacted in 1881 (Laws 11th Sess., p. 267), and continued in force in the Bevised Statutes, sections 3155, 3159 and 3165. (Hillman v. Hardwick, 3 Idaho, 255, 28 Pae. 438; Geerison v. Barrack, 3 Idaho, 344, 29 Pae. 42; Kirk v. Bartholomew, 3 Idaho, 367, 29 Pae. 40.) The verbal sale…
1Opinion of the CourtHuston, J.
— This action was brought to settle the rights of the various parties thereto to the waters of Cold Spring creek, in the county of Elmore. The case was heard by the-*374court without a jury, and to the decree entered by the court the appellants take certain exceptions, and the same are brought to us by this appeal for review.
In its findings of fact, the court, after finding the date of the appropriation of water by the various parties, and the amount ¡appropriated' by them severally, proceeds to declare the amount do be used on each several tract, and the time when the same may be used, and it is…
2Cases cited3 opinions
- Kirk v. BartholomewIdaho Supreme Court · 1892
- Hillman v. HardwickIdaho Supreme Court · 1891
- Geertson v. BarrackIdaho Supreme Court · 1892
3Cited by19 opinions
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
- Nielson v. ParkerIdaho Supreme Court · 1911
- Taylor v. HulettIdaho Supreme Court · 1908
- Watson v. MoldenIdaho Supreme Court · 1905
- Anderson v. DeweyIdaho Supreme Court · 1960
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