Lowry v. Carrier
Montana Supreme Court
■Appeal from District Court, Meagher County; John A. Matthews, Judge. Suit by Emma M. Lowry and others against Frank C. Carrier. From a judgment for plaintiff and an order denying a new trial, tbe defendant appeals.
1Opinion of the CourtJustice Holloway
delivered tbe opinion of tbe court.
This suit was instituted to bave determined tbe relative rights of the parties to certain irrigating ditches. Plaintiffs prevailed, and defendant appealed from tbe judgment and from an order denying bis motion for a new trial.
*394There is no substantial conflict in the evidence. Stated in general terms, the record discloses that William Scott, Magnus Johnson and Peter Madson settled upon and inclosed certain unsurveyed, unappropriated public lands in Meagher county; that Scott’s inclosure was immediately north of the inclosure of Johnson and Madson, and…
2Cases cited5 opinions
- Scallon v. Manhattan Railway Co.New York Court of Appeals · 1906
- Blankenship v. DeckerMontana Supreme Court · 1906
- Moore v. ShermanMontana Supreme Court · 1916
- Cottonwood Ditch Co. v. ThomMontana Supreme Court · 1909
- Pew v. JohnsonMontana Supreme Court · 1907
3Cited by16 opinions
- Kelly v. WallaceMontana Supreme Court · 1998
- Thomas v. BallMontana Supreme Court · 1923
- Hays v. De AtleyMontana Supreme Court · 1923
- Newton v. WeilerMontana Supreme Court · 1930
- Bingham v. National BankMontana Supreme Court · 1937
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