Legal Opinion

Crippen v. White

Supreme Court of Colorado

Decided January 15, 1901No. 4062PublishedCited by 12 opinions

Appeal from District Court of Chaffee County. This is an action, as designated by counsel for appellant, Who instituted this proceeding in the court below, to partition the waters of the South Arkansas river for irrigation purposes between appellant, as plaintiff, and the appellees, as defendants. In addition to those named, “the general public of the state of Colorado, et al., as possible claimants Who are at present unknown to plaintiff,” were made defendants.

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Appeal from District Court of Chaffee County. This is an action, as designated by counsel for appellant, Who instituted this proceeding in the court below, to partition the waters of the South Arkansas river for irrigation purposes between appellant, as plaintiff, and the appellees, as defendants. In addition to those named, “the general public of the state of Colorado, et al., as possible claimants Who are at present unknown to plaintiff,” were made defendants. The petition filed by plaintiff states, in substance, that he is the owner in trust of certain lands situate upon the margin of this…

1Opinion of the CourtJustice Gabbekt

Counsel for plaintiff, who originally instituted this action and had charge of the proceedings below, states in his brief, filed on behalf of appellant, that this is “an action for the partition of the waters of a non-navigable natural stream, to-wit: the South Arkansas river” between the parties to this action. The only rights involved relate to those for the purposes of irrigation. The claim being that it is a suit in partition, the only question necessary to determine is, whether or not it states facts sufficient to constitute an action of that character, or upon which it can be…

2Cases cited2 opinions

  1. Coffin v. Left Hand Ditch Co.Supreme Court of Colorado · 1882
  2. Hammond v. RoseSupreme Court of Colorado · 1888

3Cited by12 opinions

  1. Wyoming v. ColoradoSupreme Court of the United States · 1922
  2. Vogts v. GuerretteSupreme Court of Colorado · 1960
  3. People Ex Rel. Salazar v. DavidsonSupreme Court of Colorado · 2003
  4. UNITED ASS'N OF JOURN. & APP. OF PLUMBING, ETC. v. StineNevada Supreme Court · 1960
  5. Lovato v. District Court in & for Tenth Jud.Supreme Court of Colorado · 1979

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