Allen v. Magill
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. In Banc. This is a suit to enjoin the defendants from diverting the waters of a small unnamed stream in Wallowa County, to the exclusive use of all of which waters the plaintiff claims the right.
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From Wallowa: John W. Knowles, Judge. In Banc. This is a suit to enjoin the defendants from diverting the waters of a small unnamed stream in Wallowa County, to the exclusive use of all of which waters the plaintiff claims the right. In his complaint he describes his land by legal subdivisions, states that the stream in question has its source south of his property and flows northerly upon his premises, the average flow thereof being about 13 miner’s inches during the irrigating season of each year, and then makes this allegation: “That on or about the - day of -, 1884, plaintiff diverted and…
1Opinion of the CourtBurnett, J.
The allegations quoted from the complaint constitute all of the matter upon which the plaintiff in that pleading predicates his right to the water in question.
1. We will first determine the validity of the general demurrer to the complaint. The contention of the defendant is that the plaintiff must show in his complaint not only that he took the water and applied it to a useful purpose, but also that the place of appropriation was upon unoccupied land belonging to the United States. The argument of the defendants seems to be that merely to say that the plaintiff appropriated the water is but…
2Cases cited17 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Farmers' High Line Canal & Reservoir Co. v. SouthworthSupreme Court of Colorado · 1889
- Caviness v. La Grande Irr. Co.Oregon Supreme Court · 1911
- Heeser v. MillerCalifornia Supreme Court · 1888
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3Cited by7 opinions
- California Oregon Power Co. v. Beaver Portland Cement Co.Supreme Court of the United States · 1935
- Scherck v. NicholsWyoming Supreme Court · 1939
- Barker v. SonnerOregon Supreme Court · 1930
- Minton v. Coast Property CorporationOregon Supreme Court · 1935
- City of Missoula v. BakkeMontana Supreme Court · 1948
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