Nephi Irrigation Co. v. Vickers
Utah Supreme Court
Appeal from District Court, Juab County; T. llarion-eaux, Judge. Action by tbe Nepbi Irrigation Company against Samuel T. Vickers. From tbe judgment rendered, defendant appeals. respondent’s points. Tbe assignments as to tbe insufficiency of tbe evidence do not point out any particular wherein tbe evidence is insufficient, but is merely an attack upon tbe conclusion of fact, tbat is, tbe general conclusion of tbe court.
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Appeal from District Court, Juab County; T. llarion-eaux, Judge. Action by tbe Nepbi Irrigation Company against Samuel T. Vickers. From tbe judgment rendered, defendant appeals. respondent’s points. Tbe assignments as to tbe insufficiency of tbe evidence do not point out any particular wherein tbe evidence is insufficient, but is merely an attack upon tbe conclusion of fact, tbat is, tbe general conclusion of tbe court. Sucb an assignment is not only contrary to reason but in violation of tbe plain provisions of our code as expressed in section 1; chapter 40, Statutes of 1903. ■ Without…
1Opinion of the CourtBartch, C. J.
Tbis action was brought in Juab county, in 1895, by the plaintiff, to quiet title to all the waters of Salt creek and two of its tributaries, Hop creek and Nock Springs, and to enjoin the defendant from interfering with any of the waters of those streams. The case has been thrice tried, and has been before us' on two former occasions, on each of which the cause was remanded because of the findings and decree being indefinite and uncertain as to the rights of the parties regarding their use of water. The case is reported in 15 Utah 374, 49 Pac. 301, and 20 Utah 310, 58 Pac. 836. On this appeal…
2Cases cited2 opinions
- Nephi Irrigation Co. v. VickersUtah Supreme Court · 1897
- Nephi Irrigation Co. v. VickersUtah Supreme Court · 1899
3Cited by1 opinion
- Fleischner v. FloreyOregon Supreme Court · 1924