Uhrlaub v. McMahon
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Lyttleton Price, Judge. An action to recover an interest in a ditch and the water flowing therein. Judgment for Plaintiff. Defendants appeal. It is the duty of the court to give the findings the most liberal construction the language used will justify in order to sustain the judgment found thereon.
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APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Lyttleton Price, Judge. An action to recover an interest in a ditch and the water flowing therein. Judgment for Plaintiff. Defendants appeal. It is the duty of the court to give the findings the most liberal construction the language used will justify in order to sustain the judgment found thereon. (Eastwood v. Standard Mines, 11 Ida. 195, 81 Pac. 382.) In equity cases the appellate court will examine the evidence with a view to sustain the trial court in its findings and judgment. (Small v. Harrington, 10…
1Opinion of the CourtStewart, J.
Upon the oral argument of this case, counsel for both parties seemed to have great difficulty in enlightening the court as to the nature or character of this *347action. The same difficulty appears also in the printed briefs. The trial court, it appears, was also troubled by this same mystery, as shown by the findings and decree.
It is alleged in paragraph 1 of the complaint that in the spring of 1897, and now, the plaintiff is the owner of, and had the use of, a certain flow of water to the extent of 75 miners’ inches, under a four-inch pressure, running in an irrigating ditch known as the Yader…
2Cases cited8 opinions
- Brown v. MaceyIdaho Supreme Court · 1907
- Wilson v. WilsonIdaho Supreme Court · 1899
- Carson v. ThewsIdaho Supreme Court · 1886
- Bryan v. TormeyCalifornia Supreme Court · 1890
- Standley v. FlintIdaho Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Naccarato v. Village of Priest RiverIdaho Supreme Court · 1948
- Nelson v. AltizerIdaho Supreme Court · 1943
- Cheesbrough v. JensenIdaho Supreme Court · 1941
- Jesse M. Chase, Inc. v. LeonardIdaho Supreme Court · 1949
- Bentley v. KasiskaIdaho Supreme Court · 1930
2 more not listed; retrieve them via the Exa API.