McClellan v. Hurdle
Colorado Court of Appeals
^Appeal from the District Court of Weld County. Appellant was the owner of, or in the legal possession of, 400 acres of land in Weld county. In July, 1886, he filed the necessary papers to secure his right, and subsequently excavated and constructed a ditch from Lone Tree creek to irrigate his land.
Read the full summary
^Appeal from the District Court of Weld County. Appellant was the owner of, or in the legal possession of, 400 acres of land in Weld county. In July, 1886, he filed the necessary papers to secure his right, and subsequently excavated and constructed a ditch from Lone Tree creek to irrigate his land. The description of the stream or water course from which water was taken is given in the complaint as follows: “ (2) That the said Lone Tree creek is a natural stream taking its rise near Granite Pass, in the state of Wyoming, and flows southeasterly through Weld county, Colorado, and empties into…
1Opinion of the CourtReed, J.
The ease is one of peculiar interest, and involves questions that have never been fully determined in this state. The attempted denials in the answer of the allegations in the complaint are inartificially drawn, and some of them are clearly open to the criticism of being “negatives pregnant; but the attempt and intention of the pleader to make- them denials is apparent. Consequently, at this stage of the proceeding, it would probably be wiser to treat them according to the in*434tention of the pleader than to apply strictly technical rules of pleading. The court below evidently regarded them as…
2Cited by18 opinions
- Comstock v. RamsaySupreme Court of Colorado · 1913
- State v. Southwestern Colorado Water Conservation DistrictSupreme Court of Colorado · 1983
- Wrathall v. JohnsonUtah Supreme Court · 1935
- Faden v. HubbellSupreme Court of Colorado · 1933
- In re German Ditch & Reservoir Co.Supreme Court of Colorado · 1913
13 more not listed; retrieve them via the Exa API.