Tew v. Powar
Supreme Court of Colorado
Appeal from the District Court of Logan County. Eon. E. E. Armour, Judge. Action by H. B. Powar against William Tew. From a judgment awarding a temporary injunction, defendant appeals.
1Opinion of the CourtJustice Maxwell
delivered the opinoin of the court:
Plaintiff below, appellee here, claimed a prescriptive right to the use of a lateral ditch for irrigating purposes across the land of defendant, appellant here, and prayed a temporary writ of injunction restraining defendant from interfering with plaintiff’s right to enter upon the land of defendant to repair, maintain and use the lateral, and that the temporary writ, upon final hearing, be made perpetual.
The temporary writ was granted.
The answer joined issue upon the material allegations of the complaint and averred special matters in defense, which were…
2Cases cited7 opinions
- Denver, South Park & Pacific R. R. v. ConwaySupreme Court of Colorado · 1884
- Knight v. LawrenceSupreme Court of Colorado · 1894
- Hume v. RobinsonSupreme Court of Colorado · 1896
- McDermott v. GrimmColorado Court of Appeals · 1893
- McCoy v. WilsonSupreme Court of Colorado · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Barsch v. HammondSupreme Court of Colorado · 1943
- Perkins v. RussellSupreme Court of Colorado · 1913
- Rice v. Franklin Loan & Finance Co.Supreme Court of Colorado · 1927
- Gold, Silver & Tungsten, Inc. v. WallaceSupreme Court of Colorado · 1939
- Hiner v. CassidySupreme Court of Colorado · 1932
1 more not listed; retrieve them via the Exa API.