Sand Point Water & Light Co. v. Panhandle Development Co.
Idaho Supreme Court
APPEAL from District Court in and for Kootenai County. Honorable Ralph T. Morgan, Judge. Plaintiff, the Sand Point Water and Light Company, commenced an action against the defendant, Panhandle Development Company, praying an injunction against the defendant to restrain and enjoin defendant from diverting the waters of Switzer and West Sand creek, or in any manner interfering with them or depriving plaintiff of the use thereof.
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APPEAL from District Court in and for Kootenai County. Honorable Ralph T. Morgan, Judge. Plaintiff, the Sand Point Water and Light Company, commenced an action against the defendant, Panhandle Development Company, praying an injunction against the defendant to restrain and enjoin defendant from diverting the waters of Switzer and West Sand creek, or in any manner interfering with them or depriving plaintiff of the use thereof. Judgment for plaintiff, from which judgment and an order denying defendant’s motion for a new trial, defendant appealed. The term “appropriate,” as applied to the…
1Opinion of the CourtAilshie, J.
— Prior to hearing this case on its merits, the respondent filed and presented a motion to dismiss the appeal and also a motion to strike from the transcript the appellant’s statement on motion for a new trial. We have carefully examined the record and affidavits used on the hearing of these motions and have concluded that both motions should be overruled, and it is so ordered.
This action was commenced by the respondent corporation to restrain the appellant corporation from diverting and appropriating the waters of Sand creek and Switzer creek in Kootenai county, and to restrain and enjoin…
2Cases cited4 opinions
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- De Necochea v. CurtisCalifornia Supreme Court · 1889
- Wells v. MantesCalifornia Supreme Court · 1893
- Watterson v. SaldunbehereCalifornia Supreme Court · 1894
3Cited by24 opinions
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
- Nielson v. ParkerIdaho Supreme Court · 1911
- Schodde v. Twin Falls Land & Water Co.Supreme Court of the United States · 1912
- Speer v. StephensonIdaho Supreme Court · 1909
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