Emerson v. Eldorado Ditch Co.
Montana Supreme Court
Appeal from Eleventh Judicial District, Teton Cownty. Action for damages for constructing and maintaining ditches across plaintiff’s land. Judgment was rendered for the defendant below by Du Bose, J. Statement of the case by the justice delivering the opinion.
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Appeal from Eleventh Judicial District, Teton Cownty. Action for damages for constructing and maintaining ditches across plaintiff’s land. Judgment was rendered for the defendant below by Du Bose, J. Statement of the case by the justice delivering the opinion. Plaintiff’s complaint is, in substance, that the defendant entered upon certain lands belonging to and in her possession, and, without any right, dug a ditch across the same and diverted water by means thereof from the channel of a certain stream; that defendant allowed the water from said ditch to overflow a meadow of plaintiff’s…
1Per curiam
No motion for a new trial having been made, and no appeal having been taken within 60 days, the respondent contends that the statement on appeal does not present the evidence for review. In support of this contention, subdivision 1 of section 421 of the Code of Civil Procedure (Compiled Statutes Montana) is cited. It is as follows :
“An appeal may be taken, first, from the final judgment- in an action or special proceeding commenced in the court in which the same is rendered within one year after the entry of judgment. But an exception to the decision or verdict on the ground that it is not…
2Cases cited22 opinions
- Creek v. McManusMontana Supreme Court · 1893
- McKay v. Montana Union Railway Co.Montana Supreme Court · 1892
- Chumasero v. VialMontana Supreme Court · 1879
- State ex rel. Pigott v. BentonMontana Supreme Court · 1893
- Allport v. KelleyMontana Supreme Court · 1876
17 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- Helena National Bank v. Rocky Mountain Telegraph Co.Montana Supreme Court · 1898
- La Bonte v. Mutual Fire & Lightning InsuranceMontana Supreme Court · 1925
- Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
16 more not listed; retrieve them via the Exa API.