Joyce v. Murphy Land & Irrigation Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to enjoin change of place of use of water. Judgment of nonsuit. A senior appropriator may not change place of use or point of diversion to the detriment of subsequent appropriators. (Walker v. McGinness, 8 Ida. 540, 69 Pac. 1003 ; Bennett v. Nourse, 22 Ida. 249, 125 Pac. 1038; Hall v. Black-man, 22 Ida. 556, 126 Pac. 1047; Last Chance Min.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to enjoin change of place of use of water. Judgment of nonsuit. A senior appropriator may not change place of use or point of diversion to the detriment of subsequent appropriators. (Walker v. McGinness, 8 Ida. 540, 69 Pac. 1003 ; Bennett v. Nourse, 22 Ida. 249, 125 Pac. 1038; Hall v. Black-man, 22 Ida. 556, 126 Pac. 1047; Last Chance Min. Co. v. Bunker Hill etc. Mm. Co., 49 Fed. 430; United States v. Union Gap Irr. Co., 209 Fed. 274; Southern California Inv. Co. v. Wilshire,…
1Opinion of the CourtBudge, J.
This action was brought by appellants to enjoin respondents from changing the place of use of certain waters of Sinker Creek, decreed to respondent corporation in a former action between appellants and respondents. The trial was had to the court without a jury and resulted in a judgment of nonsuit, from which this appeal is prosecuted.
Appellants assign as error the action of the court in sustaining respondents’ motion for nonsuit and in rendering judgment thereon.
From the record it appears that in 1908 respondent corporation constructed across Sinker Creek an impervious, concrete dam, thereby…
2Cases cited3 opinions
- Joyce v. RubinIdaho Supreme Court · 1913
- Shields v. JohnsonIdaho Supreme Court · 1906
- King v. Co-Operative Savings & Loan Ass'nIdaho Supreme Court · 1899
3Cited by104 opinions
- Aragon v. StateIdaho Supreme Court · 1988
- Baruth v. GardnerIdaho Court of Appeals · 1986
- Andre v. MorrowIdaho Supreme Court · 1984
- Aldape v. AkinsIdaho Court of Appeals · 1983
- Yoakum v. Hartford Fire InsuranceIdaho Supreme Court · 1996
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