Wyllie v. Kent
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Custer County. Hon. J. M. Stevens, Judge. Suit to procure summary adjudication of water rights. Amended decree entered.
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APPEAL from the District Court of the Sixth Judicial District for Custer County. Hon. J. M. Stevens, Judge. Suit to procure summary adjudication of water rights. Amended decree entered. The power of a court to amend its own record is limited to such changes or corrections as are in affirmance of the judgment originally entered; and where the judgment expresses the entire judicial action taken at the time of its rendition, the court has no authority to enlarge or diminish it, to' make a change or modification in matter of substance, or under the guise of amendment to review the ease and render…
1Opinion of the CourtMorgan, J.
This action was commenced by appellant pursuant to the provisions of chap. 224, Sess. Laws 1911 (p. 708), authorizing the summary adjudication of such water rights as have been omitted from a decree determining the priority of rights to the use of water.
The respondent, Kent, is the water-master who has charge of the distribution of the waters in controversy. He appeared in the action by general demurrer and thereafter defaulted. In response to the published notice provided for by said chap. 224, the respondents, Alta M. Rockwell and C. C. Rockwell, her husband, appeared and filed their answer…
2Cases cited1 opinion
- Egan v. EganCalifornia Supreme Court · 1891
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- American Surety Co. of New York v. BaldwinCourt of Appeals for the Ninth Circuit · 1932
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