Jackson v. Cowan
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. James R. Bothwell, Judge. Priority suit. Defendants Kief appeal. All the testimony in this case was taken before referees and reported by them to the judge who rendered the decision, and who did not see nor hear a single witness; therefore, the case was in effect tried upon documentary evidence, and is to be heard by this court de novo.
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APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. James R. Bothwell, Judge. Priority suit. Defendants Kief appeal. All the testimony in this case was taken before referees and reported by them to the judge who rendered the decision, and who did not see nor hear a single witness; therefore, the case was in effect tried upon documentary evidence, and is to be heard by this court de novo. (Roby v. Roby, 10 Ida. 139, 77 Pae. 213; Stoneburner v. Stoneburner, 11 Ida. 603, 83 Pac. 938; Spofford v. Spofford, 18 Ida. 115, 108 Pae. 1054; Parsons v. Wrble, 19 Ida.…
1Opinion of the CourtMccarthy, J.
This is an action to determine priorities in the use of the waters of Rattlesnake Creek, in Elmore County. Testimony was taken by a referee and transcribed. The rule that this court will refuse to disturb the findings of the trial court where there is a substantial conflict in the .evidence does not apply, because in such case the trial judge, not having observed the witnesses, is in no better position than this court to pass upon the weight and credibility of the testimony. (Roby v. Roby, 10 Ida. 139, 77 Pac. 213; Stoneburner v. Stoneburner, 11 Ida. 603, 83 Pac. 938; Spofford v. Spofford, 18…
2Cases cited6 opinions
- Roby v. RobyIdaho Supreme Court · 1904
- Parsons v. WrbleIdaho Supreme Court · 1911
- Spofford v. SpoffordIdaho Supreme Court · 1910
- Stoneburner v. StoneburnerIdaho Supreme Court · 1905
- Neil v. HydeIdaho Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- A & B Irrigation District v. Idaho Department of Water ResourcesIdaho Supreme Court · 2012
- Gilbert v. SmithIdaho Supreme Court · 1976
- Curtis v. Siebrand Bros. Circus & Carnival Co.Idaho Supreme Court · 1948
- Keyes v. KeyesIdaho Supreme Court · 1932
11 more not listed; retrieve them via the Exa API.