Burlington Ditch, Reservoir & Land Co. v. Fort Morgan Reservoir & Irrigation Co.
Supreme Court of Colorado
Error to Morgan District Court. Hon. H. P. Burke, Judge. Mr. R. F. Armstrong, of counsel.
1Opinion of the CourtTeller, J.
The defendants in error, plaintiffs below, brought suit to enjoin the plaintiffs in error from taking water from the Platte River, at any time when the plaintiffs, having senior appropriations, were in need of water and not getting it.
Service was had upon both defendants, but neither appearing within the prescribed time, default was entered against them, and the injunction issued according to the prayer of the complaint. Some time afterwards, but during the term at which the injunction was issued, the defendants moved for a vacation of the judgment, upon the ground that the default was due to…
2Cases cited2 opinions
- Douglas v. Badger State MineWashington Supreme Court · 1905
- State Board of Agriculture v. MeyersColorado Court of Appeals · 1899
3Cited by8 opinions
- Craig v. RiderSupreme Court of Colorado · 1982
- Coerber v. RathSupreme Court of Colorado · 1967
- Walker v. Associates Loan CompanySupreme Court of Colorado · 1963
- St. Vrain Development Co. v. F. & S. DEVELOPMENT CO.Colorado Court of Appeals · 1970
- Beyer v. PetersenSupreme Court of Colorado · 1933
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