Sanderson v. Salmon River Canal Co.
Idaho Supreme Court
Original mandamus proceeding to compel delivery of irrigation water. Application of defendant to amend answer. All contracts sold under the Carey Act and under the contracts with the state are of equal right and of equal priority. (State v. Twin Falls Canal Co., 21 Ida. 410, 121 Pac. 1039, L. R. A. 1916F, 236; Sanderson v. Salmon River Canal Co., ante, p. 145, 199 Pae. 999; Jackson v. Indian Creek Reservoir etc.
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Original mandamus proceeding to compel delivery of irrigation water. Application of defendant to amend answer. All contracts sold under the Carey Act and under the contracts with the state are of equal right and of equal priority. (State v. Twin Falls Canal Co., 21 Ida. 410, 121 Pac. 1039, L. R. A. 1916F, 236; Sanderson v. Salmon River Canal Co., ante, p. 145, 199 Pae. 999; Jackson v. Indian Creek Reservoir etc. Co., 16 Ida. 430, 101 Pae. 814.) The early purchasers could not, without their consent, have their vested rights impaired and diminished until they could neither get title to their…
1Opinion of the CourtMccarthy, J.
Following the opinion of this court on plaintiff’s motion to strike from defendant’s original answer, defendant has applied for permission to amend the answer, to which plaintiff has objected on the ground that the amendment proposed is irrelevant, and does not consti*305tute a defense to the action. The proposed amendment relates to two matters, which we will treat separately. Its first purpose is to deny that plaintiff owns stock of the defendant, or of the construction company, or has succeeded to the interests of Edgar J. Pinch in a water contract covering the land described in the complaint,…
2Cases cited9 opinions
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- Twin Falls Salmon River Land & Water Co. v. CaldwellCourt of Appeals for the Ninth Circuit · 1917
- State v. Twin Falls-Salmon River Land & Water Co.Idaho Supreme Court · 1916
- Sanderson v. Salmon River Canal Co.Idaho Supreme Court · 1921
- State v. Twin Falls Canal Co.Idaho Supreme Court · 1911
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3Cited by4 opinions
- Sanderson v. Salmon River Canal Co., Ltd.Idaho Supreme Court · 1927
- Idaho Irrigation Co. v. GoodingSupreme Court of the United States · 1924
- Vinyard v. North Side Canal Co.Idaho Supreme Court · 1923
- State v. Twin Falls Land & Water Co.Idaho Supreme Court · 1923