Egan v. Estrada
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Pima. J. D. Bethune, Judge.
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APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Pima. J. D. Bethune, Judge. Statement of facts:— The plaintiffs in error, Edwin Egan and Rafael Vasquez, as plaintiffs in the district court, brought an action against the Santa Rita Land and Cattle Company, Colin Cameron, Thomas Bayze, Francisco Q. Acebedo, Benjamin Acebedo, Mateo Estrada, and Julian Tanori to obtain a perpetual injunction restraining the defendants from using the water out of an irrigating ditch adverse to plaintiffs, and for the determination and adjudication of priorities…
1Opinion of the CourtStreet, C. J.
(after stating the facts).—1. It is a well-settled rule that all parties defendant shall be included in a writ of error when it is sought by the appeal to reverse a judgment in which all the parties are interested. The nature of this action calls for a separate judgment. The prayer of the complaint is that the whole question of priorities to the use of the water be examined into, and judgment rendered, for or against each of the parties to the action according to facts found. A court of equity is empowered and has placed upon it the duty of rendering a judgment in favor of plaintiffs as…
2Cited by16 opinions
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- Application of FilippiniNevada Supreme Court · 1949
- Brown v. GreerArizona Supreme Court · 1914
- Bounds v. CarnerNew Mexico Supreme Court · 1949
- Donahue v. BabbittArizona Supreme Court · 1924
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