Barkley v. Logan
Montana Supreme Court
Appeal from First District, Jefferson Cownty. Appellant cannot appeal from part of a ■ decree. This court must baye the'whole case before it to make a proper modification. The present appeal will not authorize a review of any errors assigned.
1Opinion of the CourtWade, C. J.
This is an action for a perpetual injunction to restrain appellants from the use of certain waters of Indian creek, Jefferson county. It appears that respondent and appellants are the owners of ditches that convey the waters of said creek to the mines in the vicinity. The findings of facts by the court show the ownership of the ditches, the dates of their construction, their carrying capacity, in miners’ measurement, and their priorities. The decree is based upon such findings.
The appellants, being satisfied with the greater portion of the decree, gave notice of an appeal from that part which…
2Cases cited1 opinion
- Canter v. American InsuranceSupreme Court of the United States · 1830
3Cited by12 opinions
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- In re Davis' EstateMontana Supreme Court · 1891
- Bush v. MitchellOregon Supreme Court · 1895
- Cottier v. SullivanWyoming Supreme Court · 1934
- Seibel v. ByersMontana Supreme Court · 1959
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