Legal Opinion

Haggin v. Saile

Montana Supreme Court

Decided December 4, 1899No. 1,142PublishedCited by 18 opinions

Appeal from District Court, Deer Lodge County/ Theo. Brantly, Judge. Injunction by James B. Haggin against Raimond Saile and another. From a decree in favor of defendants, and from an order overruling a motion for a new trial, plaintiff appeals. The water right was an appurtenance of the land. (Sweet-land r.

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Appeal from District Court, Deer Lodge County/ Theo. Brantly, Judge. Injunction by James B. Haggin against Raimond Saile and another. From a decree in favor of defendants, and from an order overruling a motion for a new trial, plaintiff appeals. The water right was an appurtenance of the land. (Sweet-land r. Oleson, 11 Mont. 27; Sloan v. Glancy, 19 Mont. 70, 76.) Upon the question of abandonment appellant refers the court to the following authorities: (Gassert v. Noyes, 18 Mont. 216; Smithy. Hope Min. Go., 18 Mont. 432.) This latter case is also an authority upon what is necessary to…

1Per curiam

— Action for a perpetual injunction restraining defendants from the use and diversion of the waters of Glover’s canyon, in Deer Lodge county. Plaintiff claimed under an appropriation made by one Glover. Defendants denied plaintiff’s title, and pleaded title in themselves by appropriation, and also pleaded the statute of limitations. Special issues, including that of abandonment by plaintiff, were submitted to a jury, which issues were found in favor of the defendants. Thereafter the court made findings of its own, wherein certain findings of the jury were adopted, and others made to conform…

2Cases cited5 opinions

  1. Sweetser v. DobbinsCalifornia Supreme Court · 1884
  2. Richardson v. City of EurekaCalifornia Supreme Court · 1895
  3. Gallagher v. CorneliusMontana Supreme Court · 1899
  4. Lawlor v. KemperMontana Supreme Court · 1897
  5. Haggin v. SaileMontana Supreme Court · 1894

3Cited by18 opinions

  1. Bordeaux v. BordeauxMontana Supreme Court · 1905
  2. Crosby v. RobbinsMontana Supreme Court · 1919
  3. Talbott v. Butte City Water Co.Montana Supreme Court · 1903
  4. Heavirland v. StateMontana Supreme Court · 2013
  5. Edwards v. MuriMontana Supreme Court · 1925

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