People ex rel. Standart v. Farmers High Line Canal & Reservoir Co.
Supreme Court of Colorado
Error to the Court of Appeals. This action was originally instituted in the district court of Jefferson county by the plaintiff in error Standart, to compel the defendant in error to furnish twenty-five inches of water during the year 1894, to be used on a portion of section 11, township 3 S., range 69 W. He, as assignee of Crippen, Lawrence & Company, claims title to the land through divers mesne conveyances from one Eli Allen, and the use of the water as an appurtenant…
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Error to the Court of Appeals. This action was originally instituted in the district court of Jefferson county by the plaintiff in error Standart, to compel the defendant in error to furnish twenty-five inches of water during the year 1894, to be used on a portion of section 11, township 3 S., range 69 W. He, as assignee of Crippen, Lawrence & Company, claims title to the land through divers mesne conveyances from one Eli Allen, and the use of the water as an appurtenant thereto. The facts that are material to a determination of the case, as they appear from the pleadings and evidence, are in…
1Opinion of the CourtJustice Goddard
Upon the facts presented by this record we should entertain no doubt of the right of plaintiff in error to the relief demanded were it not so vigorously challenged by the able jurist who delivered the opinion of the court of appeals. Because of the high regard we justly entertain for his legal learning, his views have occasioned the only difficulty that we have experienced in arriving at a satisfactory conclusion as to the availability of this remedy. A critical examination of the opinion, however, satisfies us that the conclusion reached is due to a misapprehension of the object of the suit…
2Cases cited5 opinions
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
- Golden Canal Co. v. BrightSupreme Court of Colorado · 1884
- Combs v. Agricultural Ditch Co.Supreme Court of Colorado · 1892
- White v. Farmers' Highline Canal & Reservoir Co.Supreme Court of Colorado · 1896
- Townsend v. Fulton Irrigating Ditch Co.Supreme Court of Colorado · 1891
3Cited by6 opinions
- Murphy v. KerrDistrict Court, D. New Mexico · 1923
- Sanderson v. Salmon River Canal Co.Idaho Supreme Court · 1921
- Prosole v. Steamboat Canal Co.Nevada Supreme Court · 1914
- Fruit Growers Ditch & Reservoir Co. v. DonaldSupreme Court of Colorado · 1935
- State ex rel. City of Marion v. Marion Light & Heating Co.Indiana Supreme Court · 1910
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