Sturr v. Beck
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF DAKOTA. This suit was Commenced by Daniel Sturr -against Charles "W. Beck by a complaint filed in a district court of the Territory of Dakota, seeking an injunction against the defendant from interfering with an alleged water- right and ditch of the complainant and the use of the water of a certain creek •through the same, and for damages alleged to have been sustained by interference which had already taken place.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF DAKOTA. This suit was Commenced by Daniel Sturr -against Charles "W. Beck by a complaint filed in a district court of the Territory of Dakota, seeking an injunction against the defendant from interfering with an alleged water- right and ditch of the complainant and the use of the water of a certain creek •through the same, and for damages alleged to have been sustained by interference which had already taken place. The allegations of the complaint were denied in the answer of the defendant, so far as inconsistent with its statements; and the…
1Opinion of the Court
Me.- CheUr' Justice Eulleb,
after stating the case as above, delivered the opinion of the court.
With the notice of appeal and appeal bond' appellant filed his own affidavit and that of another that the ditch and water right in controversy were reasonably worth $7500. After the record was filed here a motion was made by appellee to dismiss, accompanied by several affidavits, to the effect that such value was far less than $5000. And upon this motion counter-affidavits have been presented. We have carefully examined all these papers and conclude that the motion should be overruled.
No judgment or…
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