Water Supply & Storage Co. v. Tenney
Supreme Court of Colorado
Appeal from the District Court of Larimer County. This action was instituted by the plaintiff corporation (appellant here) to restrain the defendant water commissioner and the defendant company (appellee) from diverting water from the Cache la Poudre river for the defendant’s North Fork ditch until after the Larimer county ditch, belonging to the plaintiff, received its alleged earlier appropriation.
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Appeal from the District Court of Larimer County. This action was instituted by the plaintiff corporation (appellant here) to restrain the defendant water commissioner and the defendant company (appellee) from diverting water from the Cache la Poudre river for the defendant’s North Fork ditch until after the Larimer county ditch, belonging to the plaintiff, received its alleged earlier appropriation. Both corporations own ditches taking water from the Cache la Poudre river, and both base their rights upon a decree of the district court of Larimer county'of date April 11, 1884, which was…
1Opinion of the CourtJustice Campbell
Among the errors assigned is one that the court below erred in sustaining the defendant’s motion to strike out the second reply to the fourth amended defense of the answer. Interesting as the question of pleading sought to be raised may be, inasmuch as the plaintiff was permitted, without objection from the defendants, to introduce in evidence, according to plaintiff’s own admission, the very matters attempted to be set up in this reply, the error is cured, if any there was, in sustaining the motion to strike.
The construction placed by appellant upon that portion of the decree which awards to…
2Cases cited5 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Natoma Water & Mining Co. v. ClarkinCalifornia Supreme Court · 1860
- C., B. & Q. R. v. LewisSupreme Court of Iowa · 1880
- California State Telegraph Co. v. Alta Telegraph Co.California Supreme Court · 1863
3Cited by6 opinions
- Farmers Reservoir & Irrigation Co. v. Fulton Irrigating Ditch Co.Supreme Court of Colorado · 1941
- Lower Latham Ditch Co. v. Louden Irrigating Canal Co.Supreme Court of Colorado · 1900
- Arnold v. RoupSupreme Court of Colorado · 1916
- Waterman v. HughesSupreme Court of Colorado · 1905
- Masterson v. Pacific Live Stock Co.Oregon Supreme Court · 1933
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