Elliot v. Whitmore
Utah Supreme Court
Appeal from the District Court of tbe Third Judicial District, Hon. Charles S. Zane, Judge. Action by Lewis A. Scott Elliot against George 0. Whitmore and another for an injunction and for damages. Defendants appeal from an order refusing to fix the amount of a supersedeas bond to stay the injunction pending appeal.
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Appeal from the District Court of tbe Third Judicial District, Hon. Charles S. Zane, Judge. Action by Lewis A. Scott Elliot against George 0. Whitmore and another for an injunction and for damages. Defendants appeal from an order refusing to fix the amount of a supersedeas bond to stay the injunction pending appeal. The defendants being in possession of the property in dispute, the decree in the case is substantially one to compel the defendants to deliver that property over to plaintiff, and directed how it should be done. The right in the waters of the stream being real estate, the…
1Opinion of the Court
Merritt, C. J.:
This is an appeal from an order of the Third District Court refusing the application of the defendants to fix the amount of the supersedeas bond to be given to stay the judgment on appeal from the final decree, and denying a. stay of proceedings upon the in junctional order contained in said decree. The complaint in this action was filed in the First District Court at Provo, September 8, 1887, and •averred that defendants were entitled to a primary right-to the waters of Grassy Trail creek, to a certain amount;, that the plaintiff, in 1885, appropriated to his own use-certain…
2Cases cited9 opinions
- Hovey v. McDonaldSupreme Court of the United States · 1883
- Merced Mining Co. v. FremontCalifornia Supreme Court · 1857
- Fritts v. CampCalifornia Supreme Court · 1892
- People ex rel. Messler v. SimonsonMichigan Supreme Court · 1862
- Calvert v. StateNebraska Supreme Court · 1892
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3Cited by6 opinions
- State ex rel. Pacific Reclamation Co. v. DuckerNevada Supreme Court · 1912
- Home Fire Insurance v. DutcherNebraska Supreme Court · 1896
- In Re Bear River Drainage AreaUtah Supreme Court · 1954
- Mays v. WinsteadIdaho Supreme Court · 1939
- Salmon River Canal Co. v. District Court of the Eleventh Judicial District of the State of Idaho ex rel. Twin Falls CountyIdaho Supreme Court · 1923
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