Consolidated Canal Co. v. Mesa Canal Co.
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This case comes on appeal from a decision of the Supreme Court of the Territory of Arizona, 53 Pac. Rep. 575, affirming a decree of the District Court of Maricopa County in favor of the defendant in a suit brought by the appellant to restrain the defendant from maintaining in its canal a dam in such a way as to impede the flow of water in appellant’s canal, or to destroy a certain water power claimed by appellant.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This case comes on appeal from a decision of the Supreme Court of the Territory of Arizona, 53 Pac. Rep. 575, affirming a decree of the District Court of Maricopa County in favor of the defendant in a suit brought by the appellant to restrain the defendant from maintaining in its canal a dam in such a way as to impede the flow of water in appellant’s canal, or to destroy a certain water power claimed by appellant. The facts as shown by the findings and statement prepared by the Supreme Court are as follows: The appellee was the owner…
1Opinion of the CourtJustice Bbeweb
While the title to any portion of the Mesa Canal may not have been changed by this contract, yet for convenience we shall speak of that portion thereof under the control of the appellant as its canal, and of the balance as the appellee’s canal.
In view of the finding of the Supreme Court we need not stop to consider any question in respect to the influence of the dam" placed by appellee upon the flow of -water in appellant’s canal, and this notwithstanding the fact that in the trial of the case much of the testimony, pro and con, was in reference to that matter. We are concluded as to the…
2Cases cited1 opinion
- Parker v. Winnipiseogee Lake Cotton & Woollen Co.Supreme Court of the United States · 1863
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- 46 Fair empl.prac.cas. 1027, 46 Empl. Prac. Dec. P 37,935 Caribbean Marine Services Company, Inc., a California Corporation Carlos A. Garcia v. Malcolm Baldrige, Secretary of Commerce of the United States Anthony Calio, Administrator, National Oceanic and Atmospheric Administration William Evans, Assistant Administrator for Fisheries, National Marine Fisheries Services E.C. Fullerton, Southwest Regional Director, National Marine Fisheries Service, Caroline M. Corp., Inc. Jose R. Rebelo Francisco M. Nunes, Plaintiffs v. Malcolm Baldrige, Secretary of Commerce of the United States Anthony J. Calio, Administrator, National Oceanic and Atmospheric Administration William Evans, Assistant Administrator for Fisheries Service E.C. Fullerton, Southwest Regional Director, National Marine Fisheries Service, DefendantsCourt of Appeals for the Ninth Circuit · 1988
- United States v. Associated Air Transport, Inc., Associated Air Transport, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1960
- Kelliher v. Stone & Webster, Inc.Court of Appeals for the Fifth Circuit · 1935
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