Niday v. Barker
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for the County of Canyon. Hon. Ed. L. Bryan, Judge. Action by plaintiff for a writ of mandate. Judgment for plaintiff and defendants appealed.
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APPEAL from the District Court of the Seventh Judicial District, for the County of Canyon. Hon. Ed. L. Bryan, Judge. Action by plaintiff for a writ of mandate. Judgment for plaintiff and defendants appealed. “Contracts whereby the irrigation company agrees to furnish more water than it has ability to furnish are illegal; and the company will be enjoined, at the instance of those holding prior rights, from selling water in excess of t'he capacity of its ditch and from compelling them to pro-rate with the purchasers of such excess rights.” (Mills on Irrigation, 195, notes 61, 62.) “Where…
1Opinion of the CourtAilshie, J.
The respondent commenced his action in the district court of Canyon county praying for a writ of mandate against t'he officers and directors of the Nampa and Meridian Irrigation District, requiring and compelling them to deliver eighty inches of water from the canal belonging to the district for the irrigation of his lands. The case was tried and the court made findings of fact' and conclusions of law and entered judgment in favor of the plaintiff, and the defendants appealed. It appears that the plaintiff, who is respondent in this court, is the owner of a tract' of land in Canyon county,…
2Cases cited5 opinions
- Van Camp v. EmeryIdaho Supreme Court · 1907
- Hard v. Boise City Irrigation & Land Co.Idaho Supreme Court · 1904
- Wilterding v. GreenIdaho Supreme Court · 1896
- Pocatello Water Co. v. StandleyIdaho Supreme Court · 1900
- Bothwell v. Consumers' Co.Idaho Supreme Court · 1907
3Cited by17 opinions
- Clear Springs Foods, Inc. v. SpackmanIdaho Supreme Court · 2011
- City of Nampa v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1911
- Sherlock v. GreavesMontana Supreme Court · 1938
- Burley Irr. Dist. v. IckesCourt of Appeals for the D.C. Circuit · 1940
- Yaden v. Gem Irrigation DistrictIdaho Supreme Court · 1923
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