Legal Opinion

Quinlan v. Calvert

Montana Supreme Court

Decided July 8, 1904No. 1,924PublishedCited by 6 opinions

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

  1. Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
  2. De Necochea v. CurtisCalifornia Supreme Court · 1889
  3. Murray v. TingleyMontana Supreme Court · 1897
  4. Gray v. McWilliamsCalifornia Supreme Court · 1893
  5. Willow Creek Irrigation Co. v. MichaelsonUtah Supreme Court · 1900

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3Cited by6 opinions

  1. Bordeaux v. BordeauxMontana Supreme Court · 1911
  2. Ballenger v. TillmanMontana Supreme Court · 1958
  3. West Side Ditch Co. v. BennettMontana Supreme Court · 1938
  4. Ballenger v. TillmanMontana Supreme Court · 1958
  5. Talmage-Sayer Co. v. SmithMontana Supreme Court · 1932

1 more not listed; retrieve them via the Exa API.

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