Rollins v. Fearnley
Supreme Court of Colorado
Appeal from Arapahoe District Court — Hon. A. H. DeFrance, Judge. This is an action for equitable relief, commenced by tbe plaintiff, Robert P. Rollins, appellant here, in the district court of Arapahoe county in tbe summer of 1903, to enjoin tbe defendants, Joshua Fearnley, Tbe Fearnley Investment and Real Estate Company, and Charles Sandell, appellees here-, from diverting water for irrigation purposes from and through what is known as tbe J. D. Ward Ditch No. 2. Tbe…
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Appeal from Arapahoe District Court — Hon. A. H. DeFrance, Judge. This is an action for equitable relief, commenced by tbe plaintiff, Robert P. Rollins, appellant here, in the district court of Arapahoe county in tbe summer of 1903, to enjoin tbe defendants, Joshua Fearnley, Tbe Fearnley Investment and Real Estate Company, and Charles Sandell, appellees here-, from diverting water for irrigation purposes from and through what is known as tbe J. D. Ward Ditch No. 2. Tbe plaintiff claims by virtue of a decree, theretofore obtained in the district court of Douglas county, for water district No.…
1Opinion of the CourtJustice Bailey
Upon the question of the payment of the annual state license tax, the proof shows that, prior to the hearing, the defendant company paid the same, and submitted in evidence a properly authenticated certificate to that end. This disposes of the contention in that behalf. That this payment was in time, is supported by the opinion of this court in the case of The Ohio M. & M. Company v. Rufus C. Elder et al., reported in 99 Pac., at page 42, where leave was given to the plaintiff in error, even at that late day, to pay said tax and produce the proper proof thereof, and thus avoid a dismissal of…
2Cases cited3 opinions
- Oppenlander v. Left Hand Ditch Co.Supreme Court of Colorado · 1892
- Evans v. SwanSupreme Court of Colorado · 1906
- O'Neil v. Fort Lyon Canal Co.Supreme Court of Colorado · 1907
3Cited by17 opinions
- Smith v. Highland Mary Mining, Milling & Power Co.Supreme Court of Colorado · 1927
- United States v. DISTRICT COURT IN & FOR CO. OF EAGLESupreme Court of Colorado · 1969
- West End Irrigation Co. v. GarveySupreme Court of Colorado · 1947
- Dominion Oil Co. v. LambSupreme Court of Colorado · 1948
- Richardson Vista Corp. v. City of AnchorageDistrict Court, D. Alaska · 1952
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