Frost v. Idaho Irrigation Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. Alfred Budge, Judge. An aetion to adjudicate the priorities of the waters of Big-Wood river. From an order vacating an order to make additional defendants the said defendants appealed. “Plaintiff in an action will be precluded from dismissing-his action on his own motion where an answer has been filed. showing defendant to be entitled to and praying for affirmative relief.
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APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. Alfred Budge, Judge. An aetion to adjudicate the priorities of the waters of Big-Wood river. From an order vacating an order to make additional defendants the said defendants appealed. “Plaintiff in an action will be precluded from dismissing-his action on his own motion where an answer has been filed. showing defendant to be entitled to and praying for affirmative relief. The consent of the adverse party is necessary in such case.” {Hypotheek Bank v. Bauch, 5 Ida. 752, 51 Pac. 764; 14 Cyc. 407.) Under a…
1Opinion of the CourtStewart, C. J.
This is an action to adjudicate the rights of a large number of alleged appropriators of water from Big Wood river, a stream flowing through Blaine and Lincoln counties, this state. There are some twenty or more plaintiffs, and several hundred defendants. A referee was appointed by the court and the evidence taken, and after the close of the evidence the plaintiffs, by their attorneys, made an application to the court to make the Idaho Irrigation Company, Ltd., and J. G. White & Co. parties to the action. This application was based upon the affidavit of J. H. Hawley, one of counsel for the…
Also in this document: Concurrence.
2Cases cited10 opinions
- Crim v. KessingCalifornia Supreme Court · 1891
- Kaufman v. ShainCalifornia Supreme Court · 1896
- Wiggin v. Superior CourtCalifornia Supreme Court · 1886
- Mott v. MottCalifornia Supreme Court · 1890
- Islais & Salinas Water Co. v. AllenCalifornia Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Mays v. District Court ex rel. Butte CountyIdaho Supreme Court · 1921
- Weiser Irrigation District v. Middle Valley Irrigating Ditch Co.Idaho Supreme Court · 1916
- Albion-Idaho Land Co. v. Naf Irr. Co.Court of Appeals for the Tenth Circuit · 1938
- Gunnison Irr. Co. v. Gunnison Highland Canal Co.Utah Supreme Court · 1918
- Arkoosh v. Big Wood Canal Co.Idaho Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.