Raymond v. Wimsette
Montana Supreme Court
Appeal from, Fifth Judicial District, Madison County. Action to determine priority of water rights, and for an injunction. The cause was tried before Galbraith, J. Statement of facts, prepared by the judge delivering the opinion.
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Appeal from, Fifth Judicial District, Madison County. Action to determine priority of water rights, and for an injunction. The cause was tried before Galbraith, J. Statement of facts, prepared by the judge delivering the opinion. By this action plaintiff Raymond sought to obtain a decree establishing his right to the prior use of all the water of Sweet-water Creek, in Madison County, as against defendant IVimsette; and also to obtain a perpetual injunction restraining defendant from diverting and using any of the water of said creek. On the commencement of the action, a preliminary injunction…
1Opinion of the CourtHarwood, J.
Appellant urges the order of the court, overruling his demurrer to respondent's answer, as error.
*557It would seem that, as a matter of practice, if the answer failed to state facts sufficient to constitute a defense, as to substantive matter, the objection raised by demurrer could be urged in the appellate court, even after replication was made and trial had. But if the answer was defective in form of denial or averment only, or the defects were such as could be cured by trial and verdict, the same would not be ground for reversal on appeal after replication and trial. In Bohm v. Dunphy, 1 Mont.…
Also in this document: Concurrence.
2Cases cited1 opinion
- Bohm v. DunphyMontana Supreme Court · 1871
3Cited by11 opinions
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- Irion v. HydeMontana Supreme Court · 1940
- Beecher v. Cassia Creek Irrigation Co.Idaho Supreme Court · 1944
- Martiny v. WellsIdaho Supreme Court · 1966
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