Custer Consolidated Mines Co. v. City of Helena
Montana Supreme Court
Appeal from District Court, Broadwater County; W. R. C. Steioart, Judge. Action by tbe Custer Consolidated Mines Company against tbe City of Helena. From an order directing tbe issuance of an injunction pendente lite against tbe plaintiff, it appeals. argued tbe cause orally. Tbe wrong alleged by defendant is tbe diversion of these leased waters by plaintiff.
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Appeal from District Court, Broadwater County; W. R. C. Steioart, Judge. Action by tbe Custer Consolidated Mines Company against tbe City of Helena. From an order directing tbe issuance of an injunction pendente lite against tbe plaintiff, it appeals. argued tbe cause orally. Tbe wrong alleged by defendant is tbe diversion of these leased waters by plaintiff. Tbe full measure of tbe rights of defendant in and to tbe waters of Beaver creek on March 8, 1910, tbe date of the execution of the lease to tbe Spokane Ranch and Water Company, was the right to use for a beneficial purpose the water in…
1Opinion of the CourtChief Justice Brantly
Appeal from an order directing the issuance of an injunction pendente lite. The action was brought to quiet title in the plaintiff to the use of fifty inches of the water flowing in Beaver creek, *151in Broadwater county. The complaint alleges an appropriation by the predecessors in interest of plaintiff and defendant in the year 1865 of about 1,000 inehes of water, and a diversion thereof by means of a diteh for use upon placer mines and other purposes ; a sale by such predecessors in 1881 of fifty inches to mesne grantees through whom the plaintiff claims title in consideration of a grant to…
2Cases cited4 opinions
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
- Arneson v. SpawnSouth Dakota Supreme Court · 1891
- Barkley v. TielekeMontana Supreme Court · 1874
- Swift v. GoodrichCalifornia Supreme Court · 1886
3Cited by3 opinions
- Nenzel v. Rochester Silver CorporationNevada Supreme Court · 1924
- City of Shawnee v. BennettSupreme Court of Oklahoma · 1925
- McKee v. ClarkMontana Supreme Court · 1943