St. Germain Irrigating Ditch Co. v. Hawthorne Ditch Co.
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. William G. Rice, Judge. Action by the St. > ¡Germain Irrigating Company against the Hawthorne Ditch Company and others, to determine plaintiff’s and defendant’s respective rights and claims to user of certain waters. From an order sustaining a demurrer to the complaint and from a judgment dismissing the action, plaintiff appeals.
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Appeal from Circuit Court, Pennington County. Hon. William G. Rice, Judge. Action by the St. > ¡Germain Irrigating Company against the Hawthorne Ditch Company and others, to determine plaintiff’s and defendant’s respective rights and claims to user of certain waters. From an order sustaining a demurrer to the complaint and from a judgment dismissing the action, plaintiff appeals. The provisions relating to costs are not unconstitutional either as a deprivation of private property, without due process of law or without just compensation. Section 16,.chapter 180, Laws 1907. “Due process of law”…
1Opinion of the CourtMcCOY, J.
The complaint, in substance, was as follows: That plaintiff is a corporation organized under the laws of the state of South Dakota, its principal business being to divert water from Rapid creek and distribute the same among its stockholders for irrigation purposes; that Rapid creek is a nonnavigable stream of water rising in the mountains about 40 miles westward from Rapid City, thence flowing eastward to the Cheyenne river; that plaintiff is the owner and in possession of certain-real estate (60 feet by 240 yards, containing less than one acre), across which tract of land said Rapid creek…
2Cases cited14 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Crawford Co. v. HathawayNebraska Supreme Court · 1903
- Scriver v. . SmithNew York Court of Appeals · 1885
- Rigney v. Tacoma Light & Water Co.Washington Supreme Court · 1894
- Duckworth v. Watsonville Water & Light Co.California Supreme Court · 1907
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3Cited by25 opinions
- Yeo v. TweedyNew Mexico Supreme Court · 1929
- Hansen v. United StatesUnited States Court of Federal Claims · 2005
- Knight v. GrimesSouth Dakota Supreme Court · 1964
- Parks v. CooperSouth Dakota Supreme Court · 2004
- Parsons v. City of Sioux FallsSouth Dakota Supreme Court · 1937
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