Quinlan v. Calvert
Montana Supreme Court
Appeal from District Court, Deer Lodge County; Welling Napton, Judge. Action by Harry J. Quinlan against Ed. Calvert. Erom a judgment for plaintiff, and an order overruling his motion for a new trial, defendant appeals.
1Opinion of the Court
MR. COMMISSIONER POORMAN
prepared the following opinion for the court:
In this action plaintiff seeks to obtain a perpetual injunction restraining the defendant from interfering with a ditch constructed by plaintiff for the purpose of draining marsh lands owned by plaintiff. The trial was by the court sitting without a jury, and judgment was entered in accordance with the prayer *116of tbe complaint. From this judgment, and from an order overruling defendant’s motion for a new trial, defendant appeals.
Much of the evidence appearing in the record is indefinite, for the reason that witnesses…
2Cases cited13 opinions
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
- De Necochea v. CurtisCalifornia Supreme Court · 1889
- Murray v. TingleyMontana Supreme Court · 1897
- Gray v. McWilliamsCalifornia Supreme Court · 1893
- Willow Creek Irrigation Co. v. MichaelsonUtah Supreme Court · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1911
- Ballenger v. TillmanMontana Supreme Court · 1958
- West Side Ditch Co. v. BennettMontana Supreme Court · 1938
- Ballenger v. TillmanMontana Supreme Court · 1958
- Talmage-Sayer Co. v. SmithMontana Supreme Court · 1932
1 more not listed; retrieve them via the Exa API.