Nampa & Meridian Irrigation District v. Gess
Idaho Supreme Court
APPEAL from the District Court of tbe Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. Action by plaintiff to collect from the defendant his pro rata share of the expense of maintaining the canal from which defendant used water for irrigation purposes for the year 1906. Judgment for defendant, and plaintiff appealed. “Res adjudicata” means facts directly in issue, and does not embrace facts which may be in controversy but are merely collateral.
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APPEAL from the District Court of tbe Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. Action by plaintiff to collect from the defendant his pro rata share of the expense of maintaining the canal from which defendant used water for irrigation purposes for the year 1906. Judgment for defendant, and plaintiff appealed. “Res adjudicata” means facts directly in issue, and does not embrace facts which may be in controversy but are merely collateral. The question is not simply, were given facts controverted at former trial, but were they in issue? (Hall v. Susskind, 109…
1Opinion of the CourtAilshie, J.
— This action was instituted by the owner of what is commonly known as the “Ridenbaugh Canal” against the defendant as the owner of an interest and right in and to the waters of the canal to the extent of 500 inches, for the purpose of recovering the sum of $500, as the defendant’s pro rata share of the costs and expense of maintaining the canal for the year 1906.
*554The complaint alleges in substance that the plaintiff and defendant are co-owners in the canal, water and water right, and that the expense of maintaining, caring for, and operating the canal and delivering water for the year 1906…
2Cases cited2 opinions
- Boise City Irr. & Land Co. v. ClarkCourt of Appeals for the Ninth Circuit · 1904
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
3Cited by7 opinions
- Nampa & Meridian Irrigation District v. BriggsIdaho Supreme Court · 1915
- Idaho Fruit Land Co. v. Great Western Beet Sugar Co.Idaho Supreme Court · 1910
- Gess v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920
- Adams v. Nampa & Meridian Irr. Dist.Idaho Supreme Court · 1953
- Riverside Irrigation District v. BlackIdaho Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.