Louden Irrigating Canal Co. v. Handy Ditch Co.
Supreme Court of Colorado
Appeal from the District Court of Larimer County. Appellees brought separate actions in the district court, which were afterwards consolidated, and this appeal is taken from the decree rendered in the consolidated actions. The complaints are in the nature of bills in equity to adjudicate and settle all priorities to the use of water from the Big Thompson river.
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Appeal from the District Court of Larimer County. Appellees brought separate actions in the district court, which were afterwards consolidated, and this appeal is taken from the decree rendered in the consolidated actions. The complaints are in the nature of bills in equity to adjudicate and settle all priorities to the use of water from the Big Thompson river. It is averred, in substance, that the defendants severally claim appropriations of water from the Big Thompson river prior in point of time to those claimed by the plaintiffs. Plaintiffs allege that said claims are excessive, and are…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.. After the district court had overruled a'plea to its jurisdiction and a plea of res judicata, and before trial, the interposition of this court was sought by an application for the extraordinary remedy by prohibition. This writ-was, however, denied, for the reason that the petitioners had an adequate remedy at law by appeal or writ of error to the final judgment of the district court, in case siich judgment should be against the defendants or either of them. The People ex rel. v. The District Court, 11 Colo. 574.
The questions of…
2Cases cited2 opinions
- Haywood v. JohnsonMichigan Supreme Court · 1879
- People ex rel. Loveland & Greeley Ir. & Land Co. v. District Court of Larimer CountySupreme Court of Colorado · 1888
3Cited by29 opinions
- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
- People Ex Rel. Rogers v. LetfordSupreme Court of Colorado · 1938
- Well Augmentation Subdistrict of Central Colorado Water Conservancy District v. City of AuroraSupreme Court of Colorado · 2009
- Farmers' High Line & Reservoir Co. v. WolfColorado Court of Appeals · 1913
- Farmers' Union Ditch Co. v. Rio Grande Canal Co.Supreme Court of Colorado · 1906
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