Sharp v. Whitmore
Utah Supreme Court
Appeal from District Court, Seventh District; Hon. A. H. Christenson, Judge. Two actions by Joseph R. Sharp against George C. Whit-more and others and against M. Peterson and others, the actions being consolidated and tried together. From the judgment the defendant Whitmore appeals. STATEMENT OF FACTS Appellant has filed a petition for a rehearing. The questions presented contain merit, and we are of the opinion that the decision heretofore filed should be modified.
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Appeal from District Court, Seventh District; Hon. A. H. Christenson, Judge. Two actions by Joseph R. Sharp against George C. Whit-more and others and against M. Peterson and others, the actions being consolidated and tried together. From the judgment the defendant Whitmore appeals. STATEMENT OF FACTS Appellant has filed a petition for a rehearing. The questions presented contain merit, and we are of the opinion that the decision heretofore filed should be modified. We have, however, decided to make the necessary changes without reopening the case for oral argument. The case will be ruled and…
1Opinion of the CourtMcCARTY, J.
(after stating the facts as above).
Two questions are presented by this appeal, namely: (1) Did the trial court err in refusing to accept the Elliot decree as res adjudicata to all of the issues in the case at bar in so far as they involve the rights of Whitmore in and to the waters of Grassy Trail creek? And (2) did the court err in determining the duty of water on the lands described in the pleadings and in adjudging that the amount of water necessary, and to which Whitmore is entitled, under the evidence, to divert from Grassy Trail creek for the irrigation of his land and for culinary and…
2Cases cited6 opinions
- Lillis v. Emigrant Ditch Co.California Supreme Court · 1892
- Riverside Water Co. v. SargentCalifornia Supreme Court · 1896
- Nephi Irrigation Co. v. VickersUtah Supreme Court · 1897
- Smith v. PhillipsUtah Supreme Court · 1890
- Nephi Irrigation Co. v. JenkinsUtah Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hardy v. Beaver County Irr. Co.Utah Supreme Court · 1924
- Garrison, State Engineer v. DavisUtah Supreme Court · 1936
- Fairfield Irrigation Company v. WhiteUtah Supreme Court · 1966