Legal Opinion

Hill v. McKay

Montana Supreme Court

Decided January 25, 1908No. 2,481PublishedCited by 14 opinions

Appeal from District Court, Madison County; Geo. B. Winston, Judge. Action by Charles C. Hill and others against Fred. Ellinghouse and others. A decree was rendered in favor of plaintiffs, and an order was entered denying the motion of defendant Alex. McKay for a new trial for surprise, from which order he appeals.

1Opinion of the CourtChief Justice Beantly

This action was brought to obtain a decree adjudicating the respective rights Of the parties plaintiff and defendant against each other and among themselves, to the use of the waters flowing in Indian creek, a tributary of Euby river, in Madison county. Each of the eleven plaintiffs claims separate rights, though they were represented by a single attorney. The eight defendants, were represented by the same attorneys, though each filed a separate answer. From this condition of affairs it would seem that the parties plaintiff and defendant made common cause against each other, but, as among…

2Cases cited6 opinions

  1. Emeric v. AlvaradoCalifornia Supreme Court · 1884
  2. Schellhous v. BallCalifornia Supreme Court · 1866
  3. Chicago & Great Eastern Railway Co. v. VosburghIllinois Supreme Court · 1867
  4. Doyle v. SturlaCalifornia Supreme Court · 1869
  5. Hull v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Knuckey v. Butte Electric Railway Co.Montana Supreme Court · 1910
  2. Morris v. CORCORAN PULPWOOD COMPANYMontana Supreme Court · 1970
  3. Orton v. BenderMontana Supreme Court · 1911
  4. Ewing v. EsterholtMontana Supreme Court · 1984
  5. Lenahan v. CaseyMontana Supreme Court · 1912

9 more not listed; retrieve them via the Exa API.

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