Ellinghouse v. Taylor
Montana Supreme Court
Appeal from District Courts Madison County. Frcmk Showers, Judge. Proceeding by Frederick Ellinghou.se and Elijah D. Marsh to condemn right of way for an irrigating ditch across the lands of Thomas T. Taylor. From a decree establishing such right of way, defendant appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Courts Madison County. Frcmk Showers, Judge. Proceeding by Frederick Ellinghou.se and Elijah D. Marsh to condemn right of way for an irrigating ditch across the lands of Thomas T. Taylor. From a decree establishing such right of way, defendant appeals. Statement of the case by the justice delivering the opinion. Respondents (plaintiffs below) instituted a proceeding under the act of the state legislature approved March 6, 1891, for the purpose of condemning a right of way for an irrigating ditch across the land of appellant (defendant below). The complaint averred the…
1Opinion of the CourtBuck, J.
Appellant’s counsel states the main points he relies upon for a reversal of the judgment of the lower court substantially as follows:
“First. That the complaint failed to state facts sufficient to give jurisdiction, for the reason that it shows upon its face the right sought to be acquired is not a public use.
‘ ‘Second. That the law of 1891 is unconstitutional, inasmuch as it permits a right of way for private use.
‘ ‘Third. That the right to take private property for private use in the case of appropriations of. water is not authorized by section 16,. article 3 of the constitution of the state…
2Cases cited3 opinions
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- Lorenz v. JacobCalifornia Supreme Court · 1883
3Cited by19 opinions
- Smith v. DenniffMontana Supreme Court · 1900
- Allen v. PetrickMontana Supreme Court · 1924
- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
- Nash v. ClarkUtah Supreme Court · 1904
- Smith v. CameronOregon Supreme Court · 1922
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