Kimball v. Northern Colorado Irrigation Co.
Supreme Court of Colorado
Appeal from the District Court of the City and County of Denver. Eon. F. T. Johnson, Judge. Action by J. Kimball and "William M. Chase against The Northern Colorado Irrigation Company, a corporation. From a judgment dismissing plaintiffs’ complaint and defendant’s cross-complaint, plaintiffs appeal.
1Opinion of the CourtJustice Campbell
Appellee contends that the complaint does not state a cause of action, in that a bill will not lie to quiet title to a water right; but, if it does, that this complaint is radically defective, in that it merely alleges general ownership of the water right and does not set forth the facts showing a valid appropriation of water. In several cases this court has recognized that such an action will lie. — Grand Valley Irrigation Co. v. Lesher, 28 Colo. 273; Gutheil P. I. Co. v. Montclair, 32 Colo. 420; Bessemer I. D. Co. v. Woolley, Ibid. 437; Cooper v. Shannon, 36 Colo. 98.
Unlike-an action where…
2Cases cited10 opinions
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- Farmers' High Line Canal & Reservoir Co. v. SouthworthSupreme Court of Colorado · 1889
- Combs v. Agricultural Ditch Co.Supreme Court of Colorado · 1892
- Wood v. City of AuburnSupreme Judicial Court of Maine · 1895
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3Cited by5 opinions
- Lowell Hardware Co. v. MaySupreme Court of Colorado · 1915
- New Brantner Extension Ditch Co. v. KramerSupreme Court of Colorado · 1914
- Cobb v. Juneau Telephone Co.District Court, D. Alaska · 1919
- Wannamaker v. PendletonColorado Court of Appeals · 1912
- Wannamaker v. PendletonColorado Court of Appeals · 1912