State v. Twin Falls Canal Co.
Idaho Supreme Court
Original application for a writ of mandate to compel tbe defendants to issue shares of water stock, the water to be used for the irrigation of certain lands purchased by the plaintiff West from the state, and for other proper and equitable relief.
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Original application for a writ of mandate to compel tbe defendants to issue shares of water stock, the water to be used for the irrigation of certain lands purchased by the plaintiff West from the state, and for other proper and equitable relief. Action in mandate will lie to compel the defendant corporation to issue shares of stock to the plaintiff in accordance with its dedication, its application filed with the state engineer, contract with the state and the right which under our statutes a land owner has to demand the irrigation of his land from the available water supply upon the…
1Dissent
STEWART, C. J.,
dissenting. — I am unable to concur with the majority opinion in either the conclusion or the reasons upon which such conclusion is based. From a careful examination of the pleadings in this case and the entire record, I am satisfied that my associates have reached their conclusion upon a wrong theory of the pleadings, and by overlooking and disregarding the plain provisions of the contract. The general statement of the case as made by Justice Sullivan will be accepted, except in the particulars in which the statement of facts appears not to be in accord with the allegations of…
2Cases cited4 opinions
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
- State ex rel. Krutz v. Washington Irrigation Co.Washington Supreme Court · 1906
- Cozzens v. North Fork Ditch Co.California Court of Appeal · 1905
- Perrine v. San Jacinto Valley Water Co.California Court of Appeal · 1906