Legal Opinion

Jackson v. Indian Creek Reservoir Ditch & Irrigation Co.

Idaho Supreme Court

Decided August 13, 1910PublishedCited by 2 opinions

APPEAL from the District- Court of the Third Judicial District for Ada County; Hon. Fremont Wood, Judge. Action on water contracts to declare the respective rights and priorities of the parties. Judgment for plaintiff. Defendant appealed. This court has already passed upon the law controlling this particular case. (Jackson v. Indian Creek etc.

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APPEAL from the District- Court of the Third Judicial District for Ada County; Hon. Fremont Wood, Judge. Action on water contracts to declare the respective rights and priorities of the parties. Judgment for plaintiff. Defendant appealed. This court has already passed upon the law controlling this particular case. (Jackson v. Indian Creek etc. Co., 16 Ida. 430,101 Pac. 814.) The main contention of appellant in this case is that the former decision of the supreme court has been misconstrued and matters reconsidered which were settled absolutely as the-law of the case in the former decision.…

1Per curiam

This case was beard once before on appeal, and tbe opinion of tbe court is reported in 16 Ida. 430, 101 Pac. 814. After tbe case was remanded it was again tried in the district court and an appeal was taken from the second judgment, and that appeal was beard at tbe January, 1910, term of this court. Subsequently a petition for a rehearing was filed and granted by tbe court.

Tbe principal facts of tbe case are set out at some length in tbe original opinion and we will not therefore restate them here. This action is based on a contract for a water right dated March 22, 1895, and it was held in…

2Cases cited2 opinions

  1. Leavitt v. Lassen Irrigation Co.California Supreme Court · 1909
  2. Jackson v. Indian Creek Reservoir Ditch & Irrigation Co.Idaho Supreme Court · 1909

3Cited by2 opinions

  1. Application of FilippiniNevada Supreme Court · 1949
  2. Nampa & Meridian Irrigation District v. BriggsIdaho Supreme Court · 1915

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