Phillips v. Coburn
Montana Supreme Court
Appeal from District Court, Chotean County; Dudley Du Bose, Judge. Action by Benjamin D. Phillips and others against Robert J. Cobum and another. From a judgment for defendants, and from an order denying a motion for a new trial, plaintiffs appeal. STATEMENT OP THE CASE. Action by plaintiffs for a perpetual injunction to restrain the defendants from diverting the waters of Big Beaver or Warm Springs creek, in Oboteau county.
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Appeal from District Court, Chotean County; Dudley Du Bose, Judge. Action by Benjamin D. Phillips and others against Robert J. Cobum and another. From a judgment for defendants, and from an order denying a motion for a new trial, plaintiffs appeal. STATEMENT OP THE CASE. Action by plaintiffs for a perpetual injunction to restrain the defendants from diverting the waters of Big Beaver or Warm Springs creek, in Oboteau county. Tbe plaintiffs allege a prior right to tbe free and unobstructed use of 2,000 inches of said waters for agricultural purposes upon lands owned by them, and particularly…
1Opinion of the Court
ME. CHIEF JUSTICE: BEANTLY,
after stating the case, delivered the opinion of the court.
1. Contention is made by counsel for appellants that the district court erred in excluding certain evidence tending to show that the defendants’ ditch and premises are upon- the Fort Belknap Indian reservation. This contention proceeds upon the theory that, if it were made to appear that defendants’ ditch and lands are within the limits of the reservation, this fact would necessitate a finding that defendants are not entitled to the use of any of the waters in controversy, because they could not lawfully…
2Cases cited4 opinions
- Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
- Menard v. Montana Central Railway Co.Montana Supreme Court · 1899
- Butte & Boston Mining Co. v. Societe Anonyme des Mines de LexingtonMontana Supreme Court · 1899
- Cornish v. Floyd-JonesMontana Supreme Court · 1901
3Cited by9 opinions
- Sewall v. McGovernWyoming Supreme Court · 1922
- Outlook Farmers' Elevator Co. v. American Surety Co.Montana Supreme Court · 1924
- State v. HughesMontana Supreme Court · 1926
- Gilcrest v. BowenMontana Supreme Court · 1933
- Lewis v. LambrosMontana Supreme Court · 1920
4 more not listed; retrieve them via the Exa API.