Schodde v. Twin Falls Land & Water Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the extent of the right to appropriate water in Idaho, are stated in the opinion. Generally, the arid States and Territories, Idaho included, have adopted the rule that water may be appropriated for beneficial uses. Colorado — Hammond v. Rose, 7 Am. St. Rep. 258; Arizona — Austin v. Chandler, 42 Pac.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the extent of the right to appropriate water in Idaho, are stated in the opinion. Generally, the arid States and Territories, Idaho included, have adopted the rule that water may be appropriated for beneficial uses. Colorado — Hammond v. Rose, 7 Am. St. Rep. 258; Arizona — Austin v. Chandler, 42 Pac. Rep. 483; Idaho — Drake v. Earhart, 2 Idaho, 716; Hutchinson v. Watson Slough Co., 101 Pac. Rep. 1059; New Mexico—Trambley v. Luterman, 27 Pac. Rep. 312; Albuquerque &c. Co. v. Gutierrez, 61 Pac. Rep. 357;…
1Opinion of the CourtChief Justice White
Since the writ of certiorari in this, case was granted the petitioner died, and his executrix was substituted. The writ was allowed to enable us to review the action of the court below ih affirming a judgment of the Circuit Court of the United States for the District of Idaho. The judgment of the Circuit Court sustained a demurrer to the complaint of the petitioner, who was plaintiff, on the ground that it stated no cause of action. An absolute judgment of dismissal was entered consequent on the election by the plaintiff to stand on the complaint as filed. The court below summarized the…
2Cases cited12 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Hutchinson v. Watson Slough Ditch Co.Idaho Supreme Court · 1909
- Van Camp v. EmeryIdaho Supreme Court · 1907
- Boise Irrigation & Land Co. v. StewartIdaho Supreme Court · 1904
- Speer v. StephensonIdaho Supreme Court · 1909
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3Cited by36 opinions
- Amy Weber v. Frances McGroganCourt of Appeals for the Third Circuit · 2019
- California Oregon Power Co. v. Beaver Portland Cement Co.Supreme Court of the United States · 1935
- City of Thornton v. Bijou Irrigation Co.Supreme Court of Colorado · 1996
- Fellhauer v. PeopleSupreme Court of Colorado · 1968
- Clear Springs Foods, Inc. v. SpackmanIdaho Supreme Court · 2011
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