Lehi Irrigation Co. v. Moyle
Utah Supreme Court
Appeal from a judgment of tbe district court, of tbe first judicial district, and from ail order refusing a new trial. Tbe opinion states tbe facts.
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Appeal from a judgment of tbe district court, of tbe first judicial district, and from ail order refusing a new trial. Tbe opinion states tbe facts. A ditcb constructed and used as this was, is private property, belonging to those wbo constructed it, and tbeir successors in interest: it is not public property: U. S. Rev. Stats., sec. 2339; Atchison. v. Peterson, 20 Wall., 507; Basel] v. Gallagher, 20 Wall., 670; Jennison v. Kioto, 98 U. S.', 453; Broiler v. Water Co., 101 U. S., 274; Trippe y. Overacher, 1 West Coast Rep., 352. The ditch, with the right to its use, is not a mere casement. It…
1Opinion of the Court
Boreman, J.:
This is an action brought by the appellant, the Lehi Irrigation Company, to have the respondents, Stephen Moyle, et al., enjoined and restrained from using, tapping, or otherwise interfering with a certain irrigation-ditch, so as to prevent the water, and all the water, from flowing therein. The trial was by the court, and judgment was given for the respondents. A motion for a new trial having been made and overruled, the appellant brought the case to this court, by appeal from the judgment and from the order overruling the motion for a new trial. The appellant claims that the…
2Cases cited8 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Atchison v. PetersonSupreme Court of the United States · 1874
- Jennison v. KirkSupreme Court of the United States · 1879
- Blaisdell v. StephensNevada Supreme Court · 1879
- Peck v. VandenbergCalifornia Supreme Court · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Wrathall v. JohnsonUtah Supreme Court · 1935
- Clough v. WingArizona Supreme Court · 1888
- Kirk v. BartholomewIdaho Supreme Court · 1892
- Moser v. Zion's Co-Op. Merchantile Inst.Utah Supreme Court · 1948
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