Elliot v. Whitmore
Utah Supreme Court
Appeal from the Seventh District Court, Emery County.— Hon. Jacob Johnson, Judge. Action to determine the rights of the respective parties to the waters of a certain creek and for an injunction restraining defendants from interfering with plaintiffs water rights during the irrigation season. From a judgment for defendants' plaintiff appealed.
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Appeal from the Seventh District Court, Emery County.— Hon. Jacob Johnson, Judge. Action to determine the rights of the respective parties to the waters of a certain creek and for an injunction restraining defendants from interfering with plaintiffs water rights during the irrigation season. From a judgment for defendants' plaintiff appealed. In equity causes the appellate court “may go behind the findings of the trial court and consider all the evidence, decide on which side the preponderance thereof .is, ascertain whether or not the proof justifies the findings and decree, and make such…
1Opinion of the Court
ROLAPP, D. J.
The appellant in this case invokes the doctrine that this court “may go behind the findings of a trial court, and consider all the evidence, decide on which side the preponderance thereof is, ascertain whether or not the proof justifies the findings and decree, and make such findings and decree as should be made in the judgment of the appellate court.” Whittaker v. Ferguson, 16 Utah 241.
We reaffirm that doctrine, and assert that this court- has full, power to review all questions of law and fact in equity cases, and if in our opinion the judgment of the lower court in such cases…
2Cases cited4 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Allen v. RundleSupreme Court of Connecticut · 1882
- Hague v. Nephi Irrigation Co.Utah Supreme Court · 1898
- McKay v. FarrUtah Supreme Court · 1897
3Cited by8 opinions
- Finlen v. HeinzeMontana Supreme Court · 1905
- Ravarino v. PriceUtah Supreme Court · 1953
- Barry v. BeamerCalifornia Court of Appeal · 1908
- Kingston v. WaltersNew Mexico Supreme Court · 1911
- G. S. Johnson Co. v. Nevada Packard Mines Co.District Court, D. Nevada · 1920
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