Gassert v. Noyes
Montana Supreme Court
Appeal from Second Judicial District, Silver Row County. ActioN to determine priority of water rights. The canse was tried before McHattok, J. Defendants had judgment below. Statement of the case by the justice delivering the opinion. This action was instituted by Harry Gassert, in his lifetime, to determine the right to the use of the waters of Brown’s gulch and its tributaries, in Silver Bow county, between the parties to this suit.
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Appeal from Second Judicial District, Silver Row County. ActioN to determine priority of water rights. The canse was tried before McHattok, J. Defendants had judgment below. Statement of the case by the justice delivering the opinion. This action was instituted by Harry Gassert, in his lifetime, to determine the right to the use of the waters of Brown’s gulch and its tributaries, in Silver Bow county, between the parties to this suit. Since the appeal, Harry Gassert has died, and Sarah C. Gassert, administratrix of his estate, has been substituted as plaintiff. The plaintiff claims the prior…
1Opinion of the CourtPembertoN, C. J.
—The action of the court in excluding the evidence of the contents of á lost bill of sale or deed from Chris. Nissler, as administrator of Nurenberg, to plaintiff, of the ditch called the •‘ Gassert Ditch, ’ ’ and claimed by plaintiff, is assigned as error. It did not appear that Nissler was administrator of Nurenberg, or, if he was, that he had any authority to execute the lost paper. We think there was no error in the action of the court.
The jury found that the grantors of the defendants abandoned their ditch and water right in 1873, by. failing to use the same during the years 1873, 1874…
Also in this document: Concurrence.
2Cases cited7 opinions
- Moon v. RollinsCalifornia Supreme Court · 1868
- Creek v. Bozeman Water Works Co.Montana Supreme Court · 1894
- Proctor v. JenningsNevada Supreme Court · 1870
- McCauley v. McKeigMontana Supreme Court · 1889
- Nevada Water Co. v. PowellCalifornia Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Quigley v. McIntoshMontana Supreme Court · 1939
- MacLay v. Missoula Irrigation DistrictMontana Supreme Court · 1931
- Thomas v. BallMontana Supreme Court · 1923
- Featherman v. HennessyMontana Supreme Court · 1911
- Indians of Fort Berthold Indian Reservation in the State of North Dakota v. United StatesUnited States Court of Claims · 1930
10 more not listed; retrieve them via the Exa API.