Gaskill v. Washington Water Power Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for the County of Kootenai. Hon. W. W. Woods, Judge. Action to recover damages for flooding plaintiff’s land. Changed at the request of the defendant to a condemnation suit. Judgment for plaintiff. Final judgment cannot be rendered in a cause until the ease has been brought to issue, and the plaintiff and defendant have had their day in court upon all the issues raised. {Kennwrd v. Louisiana, 92 TJ.
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APPEAL from the District Court of the Eighth Judicial District, for the County of Kootenai. Hon. W. W. Woods, Judge. Action to recover damages for flooding plaintiff’s land. Changed at the request of the defendant to a condemnation suit. Judgment for plaintiff. Final judgment cannot be rendered in a cause until the ease has been brought to issue, and the plaintiff and defendant have had their day in court upon all the issues raised. {Kennwrd v. Louisiana, 92 TJ. S. 480, 23 L. ed. 478; llagar v. Beclwmation List., Ill TJ. S. 701, 4 Sup. Ct. 663, 28 L. ed. 569; Pennoyer v. Neff, 95 U. S. 714,…
1Opinion of the CourtSullivan, C. J.
— This action was brought to recover the value of a crop of hay grown on the lands of the plaintiff, which crop of hay, it is alleged, of the value of $480, was destroyed by the "defendant’s overflowing the land of the plaintiff, and to obtain a temporary restraining order during the pendency of the cause and for a permanent injunction thereafter.
It is alleged in the complaint that the defendant is a corporation organized and existing under and by virtue of the laws of the state of Washington; that in 1899 the plaintiff settled upon a part of the" public domain under the home*130stead laws of the…
2Cases cited7 opinions
- New York City v. PineSupreme Court of the United States · 1902
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Borden v. CroakIllinois Supreme Court · 1889
- Farmers' Co-operative Ditch Co. v. Riverside Irrigation District, Ltd.Idaho Supreme Court · 1908
- Walton v. Chicago, St. P., M. & O. Ry. Co.Court of Appeals for the Eighth Circuit · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. TaylorIdaho Supreme Court · 1939
- Dover Lumber Co. v. CaseIdaho Supreme Court · 1918
- Lowder v. Oklahoma Farm Bureau Mutual Insurance Co.Supreme Court of Oklahoma · 1968
- Doggett v. DoggettSupreme Court of Oklahoma · 1921
- Driesbach v. LynchIdaho Supreme Court · 1953
9 more not listed; retrieve them via the Exa API.