Hewitt v. Story
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Southern District of California. This was a suit in equity by Isaac L. Hewitt; against; Warren Story and 66 others to establish a right to certain waters for irrigation purposes. A motion to dismiss was denied (39 Fed. 158), and the cause was next heard on objections by certain of ibe defendants to tlie amended bill of complaint.
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Appeal from the Circuit Court of the United States for the Southern District of California. This was a suit in equity by Isaac L. Hewitt; against; Warren Story and 66 others to establish a right to certain waters for irrigation purposes. A motion to dismiss was denied (39 Fed. 158), and the cause was next heard on objections by certain of ibe defendants to tlie amended bill of complaint. The objections were disallowed. 39 Fed. 719. Subsequently, on further hearing, the bill was dismissed (51 Fed. 101), and complainant now appeals. This is a suit in equity. The bill of complaint alleges the…
1Opinion of the CourtHawley, District Judge
(after stating the facts). The argument of this case extended over a very wide range, embodying within its scope nearly every principle that has ever been enunciated by the courts, touching in any manner upon the question of the rights of appropriation of water from the public streams or upon private lands, — the incipiency of such rights, the manner of their acquisition, how they may be kept up and maintained, and in what manner and under what circumstances such rights may be lost. We consider the law to be well settled that the right to water flowing in the public streams may be acquired by…
2Cases cited20 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Atchison v. PetersonSupreme Court of the United States · 1874
- Broder v. Water Co.Supreme Court of the United States · 1879
- Ophir Silver Mining Co. v. CarpenterNevada Supreme Court · 1868
- Davis v. GaleCalifornia Supreme Court · 1867
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State, Dept. of Ecology v. TheodoratusWashington Supreme Court · 1998
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Vineyard Land & Stock Co. v. Twin Falls Salmon River Land & Water Co.Court of Appeals for the Ninth Circuit · 1917
- Steptoe Live Stock Co. v. GulleyNevada Supreme Court · 1931
- In Re Birdwood Irr. Dist., Water Division No. 1-ANebraska Supreme Court · 1951
5 more not listed; retrieve them via the Exa API.