Idaho Irrigation Co. v. Dill
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District in and for Lincoln County. Hon. Carl A. Davis, Judge. Action to foreclose a Carey act lien. Demurrer to complaint sustained on the ground that the United States was a necessary party to said action. Judgment of dismissal entered. The United States is not a necessary party defendant to this action.
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APPEAL from the District Court of the Fourth Judicial District in and for Lincoln County. Hon. Carl A. Davis, Judge. Action to foreclose a Carey act lien. Demurrer to complaint sustained on the ground that the United States was a necessary party to said action. Judgment of dismissal entered. The United States is not a necessary party defendant to this action. “The term ‘parties to an action’ is used to designate the person or persons seeking to establish a right and the person or persons upon whom it is sought to impose a corresponding duty or liability.” (15 Ency. PL & Pr. 463, 584, 606;…
1Opinion of the CourtSullivan, J.
This action was brought by what is known as a Carey act company against a settler upon lands under said company’s canals, to foreclose a lien on the interest which the settler has in the land and water right. The action is based on contracts between the plaintiff corporation and the defendant, whereby the company sold and the defendant purchased, water rights for the irrigation of certain lands described in the complaint.
The complaint alleges four separate causes of action and the prayer is for a judgment and decree for the amount claimed in each cause of action, and for a foreclosure sale of *715…
2Cases cited11 opinions
- Wilson v. CastroCalifornia Supreme Court · 1866
- Boise City v. WilkinsonIdaho Supreme Court · 1909
- Rollins v. ForbesCalifornia Supreme Court · 1858
- Sunnyside Land Co. v. Willamette Bridge Railway Co.Oregon Supreme Court · 1891
- Mark v. MurphyIndiana Supreme Court · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Barlow v. International Harvester CompanyIdaho Supreme Court · 1974
- Schlieff v. BistlineIdaho Supreme Court · 1932
- Smith v. ShinnIdaho Supreme Court · 1960
- Southern Surety Co. v. ArterTexas Commission of Appeals · 1932
- Smith v. RaderIdaho Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.