Smith v. Progressive Irrigation District
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action for the purpose of establishing the rights of plaintiffs and quieting their title to a certain flow of water in a canal owned, operated and controlled by the defendant, the Progressive Irrigation District. Judgment for plaintiff. Where there is any competent evidence to support the plaintiff’s complaint, a motion for nonsuit should be denied.
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APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action for the purpose of establishing the rights of plaintiffs and quieting their title to a certain flow of water in a canal owned, operated and controlled by the defendant, the Progressive Irrigation District. Judgment for plaintiff. Where there is any competent evidence to support the plaintiff’s complaint, a motion for nonsuit should be denied. (Martin v. Dowd, 8 Ida. 453, 69 Pac. 276; York v. Pacific & N. B. Co., 8 Ida. 574, 69 Pac. 1042; Idaho Comstock Mining etc. Go. v.…
1Opinion of the CourtSullivan, C. J.
This action was brought by the plaintiffs, who are appellants here, for the purpose of establishing their right and quieting title to a certain flow of water in that certain canal now owned, operated and controlled by the defendant irrigation district. Their claim is based-upon a verbal contract alleged to have been entered into by the appellants and the Snake River Canal Company, a corporation which was the predecessor in interest to the defendant herein.
It is alleged, among other things, that in the year 1879 the plaintiffs had settled upon 320 acres of desert land; that they have since…
2Cases cited1 opinion
- Progressive Irrigation District v. AndersonIdaho Supreme Court · 1911
3Cited by7 opinions
- Little v. CommissionerUnited States Board of Tax Appeals · 1930
- Stevens v. LaffertyArizona Supreme Court · 1922
- Crane Creek Reservoir Administration Board v. Washington County Irrigation DistrictIdaho Supreme Court · 1930
- Nile Irr. Dist. v. Gas Securities Co.Court of Appeals for the Eighth Circuit · 1918
- Eberhard v. PurcellIdaho Supreme Court · 1931
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