Bullerdick v. Hermsmeyer
Montana Supreme Court
Appeal from District Court, Madison County; M. H~ Parker, Judge. Action by Lewis Bullerdick against Frederick Hermsmeyer and others.
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Appeal from District Court, Madison County; M. H~ Parker, Judge. Action by Lewis Bullerdick against Frederick Hermsmeyer and others. From the judgment and an order denying him a new trial, defendant Frederick Hermsmeyer appeals. . It was incumbent upon the plaintiff to establish all the jurisdictional facts leading up to and authorizing the administratrix to make this deed, and without their establishment, it was error to admit the same in evidence, or to consider the same in making np the findings in this case. (Dawson v. Parham, 47 Ark. 215, 1 S. W. 72; White v. Moses, 21 Cal. 34; Dorrance…
1Opinion of the Court
MB. CHIEE JUSTICE BBANTLY
delivered the opinion, of the court;
*547The purpose of this action is to obtain a decree quieting the title to the use of the waters of Mill creek in Madison county. The plaintiff asserts the right to the prior use of these waters to the amount of five hundred inches to irrigate the west half of the southwest quarter of section 33, township 4 south of range 5 west, and lots 1, 2 and 3, and the south half of the northeast quarter of section 4, township 5 south of range 5 west, the said lands being arid, and requiring the use of water to render them productive. He alleges…
2Cases cited8 opinions
- Perris v. HigleySupreme Court of the United States · 1874
- Tucker v. JonesMontana Supreme Court · 1888
- Sweetland v. OlsenMontana Supreme Court · 1891
- State ex rel. Shields v. Second Judicial District CourtMontana Supreme Court · 1900
- Davidson v. WamplerMontana Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- The Texas Co. v. BurkettTexas Supreme Court · 1927
- Ferguson v. StandleyMontana Supreme Court · 1931
- Smith v. DuffMontana Supreme Court · 1909
- Le Vasseur v. RoullmanMontana Supreme Court · 1933
- Featherman v. HennessyMontana Supreme Court · 1911
32 more not listed; retrieve them via the Exa API.