Jones v. Vanausdeln
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Edward A. Walters, Judge. Action to restrain defendants from diverting water through certain artesian wells. Judgment for the defendants. ‘ ‘ Our system requires a finding of fact upon every material issue.” (Carson v. Thews, 2 Ida. 176, 9 Pac. 605.) “Failure to find upon all the material issues upon which evidence was introduced is error for which a new trial will be granted.”
Read the full summary
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Edward A. Walters, Judge. Action to restrain defendants from diverting water through certain artesian wells. Judgment for the defendants. ‘ ‘ Our system requires a finding of fact upon every material issue.” (Carson v. Thews, 2 Ida. 176, 9 Pac. 605.) “Failure to find upon all the material issues upon which evidence was introduced is error for which a new trial will be granted.” (Brown v. Macey, 13 Ida. 451, 90 Pac. 339; Wood v. Broderson, 12 Ida. 190, 85 Pac. 490; Cargnani v. Cargnawi, 16 Cal. App. 96,…
1Opinion of the CourtSTJLIfIVAN, C. J.
This action was brought by plaintiffs, who are appellants, for the purpose of restraining defendants from diverting water through certain artesian wells, which it was alleged derived their supply from a subterranean flow to which plaintiffs had a prior right. •
It is alleged, among other things, in the complaint, that the appellants are partners and are operating under the name and style of Jones Brothers; that on the first day of May, 1906, and from thence on down to the commencement of this action, they were the sole owners of 320 acres of land (describing it) and the right to use for the…
2Cases cited1 opinion
- Fouch v. BatesIdaho Supreme Court · 1910
3Cited by9 opinions
- Kirk v. SchultzIdaho Supreme Court · 1941
- State v. SnoderlyIdaho Supreme Court · 1940
- Wolf v. EaglesonIdaho Supreme Court · 1916
- Gore v. Richard Allen Mining Co.Idaho Supreme Court · 1940
- Independent School District No. 2 v. ButlerIdaho Supreme Court · 1933
4 more not listed; retrieve them via the Exa API.