Lambrix v. Frazier
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. Edward A. Walters, Judge. Action to restrain defendant from interfering with a stream. Judgment for plaintiffs. Plaintiffs had started their injunction suit long before they had any right to start it. Writs of injunction in such cases will not issue. (Nevada, County etc.
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APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. Edward A. Walters, Judge. Action to restrain defendant from interfering with a stream. Judgment for plaintiffs. Plaintiffs had started their injunction suit long before they had any right to start it. Writs of injunction in such cases will not issue. (Nevada, County etc. Canal Co. v. Kidd, 37 Cal. 282.) Even conceding for the sake of argument that this was an action to quiet title, the action was still prematurely brought, for our supreme court has repeatedly held that one has.no title to water until he…
1Opinion of the CourtMorgan, J.
The permits of respondents and appellant, senior and junior respectively, call for the appropriation of the waters of Canyon Creek, which stream' divides, in its downward course, into two branches known as the East Fork and West Fork. Both places of diversion are located on the West Fork which the trial court found to be the main channel. The findings of fact, being supported by evidence sufficient, if uncontradicted, to sustain them, will not be disturbed because of conflict. (Davenport v. Burke, 30 Ida. 599, 167 Pac. 481.)
To the extent of their permit rights respondents are entitled to the…
2Cases cited12 opinions
- Davenport v. BurkeIdaho Supreme Court · 1917
- Speer v. StephensonIdaho Supreme Court · 1909
- Jackson v. JacksonOregon Supreme Court · 1888
- Malad Valley Irrigating Co. v. CampbellIdaho Supreme Court · 1888
- Basinger v. TaylorIdaho Supreme Court · 1917
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mays v. District Court ex rel. Butte CountyIdaho Supreme Court · 1921
- Red Canyon Sheep Co. v. IckesCourt of Appeals for the D.C. Circuit · 1938
- Bell v. StadlerIdaho Supreme Court · 1918
- Wallace v. Hartford Fire InsuranceIdaho Supreme Court · 1918
- Payette Lakes Protective Ass'n v. Lake Reservoir Co.Idaho Supreme Court · 1948
6 more not listed; retrieve them via the Exa API.