Miller v. Prout
Idaho Supreme Court
APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to adjudicate water right priorities. Judgment for plaintiff.
Read the full summary
APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to adjudicate water right priorities. Judgment for plaintiff. “The time of amendment of a judgment, order or decree must be taken as the true date of rendition or entry, unless the amendment is in particulars not changing its character. ’ ’ (3 Corpus Juris, 1059; Mann v. Haley, 45 Cal. 63; Bixby v. Bent, 59 Cal. 522, 532; Spencer v. Trout, 133 Cal. 605, 65 Pac. 1083; Hayes v. Silver Greek etc. Land etc. Go., 136 Cal. 238, 68 Pac. 704; Hewey v. Andrews, 82 Or. 448, 159 Pac.…
1Opinion of the CourtBudge, J.
A motion has been made to dismiss this appeal on the ground that it was not taken in time. Judgment was entered July 17, 1917, decreeing certain priorities to respondent as against all of the defendants, and certain *730priorities to the defendants FaulP as against the remaining defendants, among them being these appellants. On April 15, 1918, on motion of appellants ''and other defendants, the court made an order purporting to vacate a portion of the original judgment by eliminating the priorities decreed to the defendants Faull, and leaving it in other respects in full force and effect. The…
2Cases cited6 opinions
- Knowles v. ThompsonCalifornia Supreme Court · 1901
- Naglee v. SpencerCalifornia Supreme Court · 1882
- Rayner v. JonesCalifornia Supreme Court · 1891
- Patterson v. HochsterAppellate Division of the Supreme Court of the State of New York · 1897
- Schulze v. Oregon Railroad & Navigation Co.Washington Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Angleton v. AngletonIdaho Supreme Court · 1962
- Baldwin v. AndersonIdaho Supreme Court · 1932
- Fairchild v. United Service CorporationNew Mexico Supreme Court · 1948
- Short v. ThompsonIdaho Supreme Court · 1936
- Keane v. AllenIdaho Supreme Court · 1949
17 more not listed; retrieve them via the Exa API.