Harris v. Shontz
Montana Supreme Court
Appeal from the First District, Madison County. This action was commenced in May, 1869, against Shontz and three other parties, to recover judgment for $500 damages for the diversion of water claimed by him in Washington gulch, Madison county; that defendants be perpetually enjoined from diverting the same, and for general equitable relief.
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Appeal from the First District, Madison County. This action was commenced in May, 1869, against Shontz and three other parties, to recover judgment for $500 damages for the diversion of water claimed by him in Washington gulch, Madison county; that defendants be perpetually enjoined from diverting the same, and for general equitable relief. The defendants answered, and prayed for a dissolution of the temporary restraining order, and that defendants be adjudged the owners of, and entitled to, the use. of the water. The cause was tried in November, 1869, by a jury, that returned the following…
1Opinion of the CourtSymes, J.
This was an action for damages for the diversion of water, and asking for a decree of title and perpetual injunction. Plaintiff alleged that he was the owner of certain mining ground and a water ditch, which conveyed two hundred inches of water to the same ; that he had a prior right to the water; that defendants wrongfully diverted the said water to plaintiff’s damage $500; that defendants threatened to continue the diversion, which would cause great and irreparable injury to plaintiff, and were unable to respond in damages.
Defendants answered and denied the ownership of the ditch, and prior…
2Cited by5 opinions
- Power v. GumMontana Supreme Court · 1886
- Bach, Cory, & Co. v. Montana Lumber & Produce Co.Montana Supreme Court · 1895
- Hayes v. MoffattMontana Supreme Court · 1928
- Proctor v. IrvinMontana Supreme Court · 1899
- Yank v. BordeauxMontana Supreme Court · 1903