Legal Opinion

Dern v. Tanner

District Court, D. Montana

Decided August 17, 1932No. 1196PublishedCited by 3 opinions

1Opinion of the Court

BOURQUIN, District Judge.

This inore or less statutory suit was brought to adjudicate priorities in use of tlu> wafers of Boulder creek and Coal canyon, separate streams, to quiet title and enjoin trespass.

Part of the evidence is depositions not (uniforming to and without the time of equity rule 47 (28 USCA. § 723). Objections to them are overruled. Parties have statutory right without leave to fake depositions of certain witnesses at any time before trial (28 USCA § 639), and the power of the Supreme Court to prescribo rulos is by statute limited to those “not inconsistent with any law of the…

2Cases cited3 opinions

  1. Morris v. BeanU.S. Circuit Court for the District of Montana · 1906
  2. McDaniel v. TraylorSupreme Court of the United States · 1909
  3. Eaton v. HogeCourt of Appeals for the Eighth Circuit · 1905

3Cited by3 opinions

  1. Broderick v. American General CorporationCourt of Appeals for the Fourth Circuit · 1934
  2. Ainsworth Irrigation District v. BejotNebraska Supreme Court · 1960
  3. Albion-Idaho Land Co. v. Naf Irr. Co.Court of Appeals for the Tenth Circuit · 1938

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