Weiser Irrigation District v. Middle Valley Irrigating Ditch Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Appeal from an order denying a motion to bring in additional parties. Motion to dismiss appeal upon the ground that the order made was not appealable. ‘ ‘ The right to appeal is statutory, unknown to the common law, and it cannot be extended by courts to eases not within the statute.” (General Custer Min.
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APPEAL from tbe District Court of tbe Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Appeal from an order denying a motion to bring in additional parties. Motion to dismiss appeal upon the ground that the order made was not appealable. ‘ ‘ The right to appeal is statutory, unknown to the common law, and it cannot be extended by courts to eases not within the statute.” (General Custer Min. Co. v. Van Camp, 2 Ida. 40, 8 Pac. 22.) “Const., art. 5, sec. 9, giving the supreme court jurisdiction to review on appeal any decision of the district courts, or the judges…
1Opinion of the CourtBudge, J.
Respondent commenced a suit in the district court in and for Washington county, against each of the appellants here, for the purpose of having certain rights in and to the use of waters of Weiser river adjudicated between respondent and appellants. By agreement of counsel for all parties, these actions were consolidated for all purposes.
Prior to the order of consolidation, a motion had been made by the Middle Valley Irrigating Ditch Company in*which it was sought to make certain other water users defendants. It is alleged in the cross-complaint of the appellants and also in the affidavit…
2Cases cited8 opinions
- Utah Ass'n of Credit Men v. BudgeIdaho Supreme Court · 1909
- General Custer Mining Co. v. Van CampIdaho Supreme Court · 1884
- Frost v. Idaho Irrigation Co.Idaho Supreme Court · 1911
- Maple v. WilliamsIdaho Supreme Court · 1908
- Estate of Ohm v. JudgeCalifornia Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Idah-Best, Inc. v. First Security Bank of Idaho, N.A.Idaho Supreme Court · 1978
- Johnston v. PascoeIdaho Supreme Court · 1979
- Evans State Bank v. SkeenIdaho Supreme Court · 1917
- Farmers Equipment Co. v. ClingerIdaho Supreme Court · 1950
- State v. RicksIdaho Supreme Court · 1921
20 more not listed; retrieve them via the Exa API.