McCauley v. McKeig
Montana Supreme Court
Appeal from, the Second Judicial District, Silver Bow County. The facts sufficiently appear in the opinion. The general verdict was rendered at the request of the court. The action is to abate two nuisances. This is the nature of the action. (Parke v. Kilham, 8 Cal. 78; 68 Am.
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Appeal from, the Second Judicial District, Silver Bow County. The facts sufficiently appear in the opinion. The general verdict was rendered at the request of the court. The action is to abate two nuisances. This is the nature of the action. (Parke v. Kilham, 8 Cal. 78; 68 Am. Dec. 310; Toulumne Water Co. v. Chapman, 8 Cal. 392; Fabian v. Collins, 3 Mont. 224; Grigsby v. Clear Lake Water Co. 40 Cal. 397; ■Courtwright v. Bear It. & A. W. & M. Co. 30 Cal. 576; Liana v. Klumphe, 29 Cal. 157; Comp. Stats. Mont. p. 159, § 361.) An action to abate a nuisance is an action in equity. (People v.…
1Opinion of the CourtBach, J.
This is an action setting forth in one complaint two causes of action for two separate nuisances. The first is for the diversion of water from the ditch and land of plaintiff. The second is for running down tailings, sand, and dirt into plaintiff's ditch and upon his land. The prayer is for damages and for an injunction to abate both nuisances. The defendant denied all the allegations of the plaintiff’s complaint, and set up title in himself to the water diverted, and also a right by prescription to run down tailings upon plaintiff’s land.
The cause was tried with a jury. The jury returned a…
2Cases cited2 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Atchison v. PetersonSupreme Court of the United States · 1874
3Cited by15 opinions
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- Thomas v. BallMontana Supreme Court · 1923
- Carson v. HayesOregon Supreme Court · 1901
- Smith v. Hope Mining Co.Montana Supreme Court · 1896
- Wallace v. WeaverMontana Supreme Court · 1913
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