Kimpton v. Jubilee Placer Mining Co.
Montana Supreme Court
Appeal from Fifth Judicial District, Jefferson Gov/nty. Action to determine priority of water rights. Judgment was rendered for the defendants below on the special findings by Showers, J. Statement of the case by the justice delivering the opinion. This action was brought by the plaintiff to determine his right, as against the defendants, to the use of 200 inches of the waters of Crow creek for the purposes of irrigation.
Read the full summary
Appeal from Fifth Judicial District, Jefferson Gov/nty. Action to determine priority of water rights. Judgment was rendered for the defendants below on the special findings by Showers, J. Statement of the case by the justice delivering the opinion. This action was brought by the plaintiff to determine his right, as against the defendants, to the use of 200 inches of the waters of Crow creek for the purposes of irrigation. He asks for a perpetual injunction restraining defendants from the use of said waters to the extent of his claim of 200 inches. The plaintiff and the defendants claimed…
1Opinion of the CourtDe Witt, J.
With the elaborate special findings contained in this case, the setting aside of the general verdict by the court is not important. Special findings control the judgment, even if the general verdict be contrary thereto. (Code of Civil Procedure 1887, § 275.)
As noted in the statement, the parties claim the use of the waters from a common source of title. The plaintiff’s title is long prior to that of- the defendants. He purchased the ranch many years before the defendants purport to have purchased-certain other premises, with, as they claim, the same waters appurtenant thereto. The jury found…
2Cases cited2 opinions
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- Woolman v. GarringerMontana Supreme Court · 1876
3Cited by12 opinions
- Kimpton v. Jubilee Placer Mining Co.Montana Supreme Court · 1899
- City of Durham v. DavisSupreme Court of North Carolina · 1916
- Hays v. BuzardMontana Supreme Court · 1904
- State ex rel. Haskell v. FauldsMontana Supreme Court · 1895
- Woodward v. PerkinsMontana Supreme Court · 1946
7 more not listed; retrieve them via the Exa API.