Legal Opinion

State ex rel. Zosel v. District Court

Montana Supreme Court

Decided December 10, 1919No. 4,513PublishedCited by 17 opinions

Original application by tbe State, on tbe relation of William Zosel, to review an order of the District Court of Powell County, and Geo. B. Winston, tbe judge thereof, adjudging relator guilty of contempt and imposing a fine.

1Opinion of the CourtJustice Holloway

In an action pending in Powell county, wherein William Zosel was a defendant, a judgment was rendered on March 2, 1906, determining the relative rights of the parties to the use of the waters of Cottonwood Creek and Baggs Creek, its tributary. Zosel was awarded the right to the use of 100 inches as of date March 1, 1883, and 75 inches as of date March 1, 1881. There were prior appropriations aggregating more than 1,600 inches. On June 10 of this year, the water flowing in these creeks was less than 1,000 inches, and the commissioner appointed by the court to distribute the water under the…

2Cases cited8 opinions

  1. State ex rel. Boston & Montana Consolidated Copper & Silver Mining Co. v. ClancyMontana Supreme Court · 1904
  2. Ryan v. QuinlanMontana Supreme Court · 1912
  3. Smith v. DuffMontana Supreme Court · 1909
  4. Beaverhead Canal Co. v. Dillon Electric Light & Power Co.Montana Supreme Court · 1906
  5. State ex rel. Sutton v. District Court of the Second Judicial DistrictMontana Supreme Court · 1902

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3Cited by17 opinions

  1. Rock Creek Ditch & Flume Co. v. MillerMontana Supreme Court · 1933
  2. Lee v. LeeMontana Supreme Court · 2000
  3. State ex rel. Peel v. District CourtMontana Supreme Court · 1921
  4. State ex rel. Rankin v. District CourtMontana Supreme Court · 1920
  5. In Re the Contempt of GraveleyMontana Supreme Court · 1980

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