Reports of Cases Argued and Determined in the Supreme Court of Montana Territory ..., Band 1Henry Nichols Blake, Montana. Supreme Court, Cornelius Hedges (Reporter), Horace Riverside Buck (Reporter), Fletcher Maddox (Reporter) Bancroft-Whitney Company, 1873 |
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Seite 111
... ditch . The measure of the plaintiffs ' right to water in controversy in this case is the number of inches that their ditch would convey from the point of diversion without running over its banks . PRACTICE- when judgment is not ...
... ditch . The measure of the plaintiffs ' right to water in controversy in this case is the number of inches that their ditch would convey from the point of diversion without running over its banks . PRACTICE- when judgment is not ...
Seite 112
... ditch , known as the De Long ditch , which diverted the waters of Gold creek in Deer Lodge county prior to September 1 , 1868 . The defendants , who then did business in said county under the name and style of the Pioneer Ditch Company ...
... ditch , known as the De Long ditch , which diverted the waters of Gold creek in Deer Lodge county prior to September 1 , 1868 . The defendants , who then did business in said county under the name and style of the Pioneer Ditch Company ...
Seite 113
... ditch came from Pioneer gulch , and that the lower portion of their ditch was larger than the upper . The instructions did not mislead the jury or prejudice the plaintiffs . A new trial will not be granted if the complain- ing party ...
... ditch came from Pioneer gulch , and that the lower portion of their ditch was larger than the upper . The instructions did not mislead the jury or prejudice the plaintiffs . A new trial will not be granted if the complain- ing party ...
Seite 114
... ditch , of the capacity of two hundred and fifty inches , miners ' measurement , in Deer Lodge county , Montana Ter- ritory . It being an artificial water - ditch for diverting the waters of Gold creek , and known as the De Long ditch ...
... ditch , of the capacity of two hundred and fifty inches , miners ' measurement , in Deer Lodge county , Montana Ter- ritory . It being an artificial water - ditch for diverting the waters of Gold creek , and known as the De Long ditch ...
Seite 115
... ditch in 1866 to mines came from Pioneer gulch ? Objected to by plaintiffs as irrelevant . Overruled , and wit- ness answered , it did . If plaintiffs ' witnesses formed the judgment of the capacity of plaintiffs ' ditch by the amount ...
... ditch in 1866 to mines came from Pioneer gulch ? Objected to by plaintiffs as irrelevant . Overruled , and wit- ness answered , it did . If plaintiffs ' witnesses formed the judgment of the capacity of plaintiffs ' ditch by the amount ...
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Häufige Begriffe und Wortgruppen
affidavit affirmed agreement alleged amended amount answer appellants appropriation assigned attorneys authority averment bond Bow creek CHUMASERO & CHADWICK Clarke County commenced common law complaint contract court erred creek damages Davis debt decree deed Deer Lodge county defendants demurrer denied district court Dunphy entitled equity error evidence execution facts filed findings gold dust grant gulch HIRAM KNOWLES indorsement injunction interest issue judgment jurisdiction jury KNOWLES land legislative assembly Lewis and Clarke liable lien Madison County Meagher county ment mining ground Montana Montana Territory mortgage motion notice organic act overruled owner paid Park ditch parties payment person plaintiff pleadings possession Prac promissory note question record recover refused rendered replevin respondent rule sheriff statute suit sureties sustained SYMES term Territory Territory of Montana testimony thereof Third District tion trial undertaking verdict Virginia City void warrant
Beliebte Passagen
Seite 494 - That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians...
Seite 653 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Seite 642 - That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.
Seite 126 - That the Constitution, and all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska as elsewhere within the United States...
Seite 659 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrue'd water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by this section.
Seite 106 - That the legislative power of the territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act...
Seite 689 - ... together with all and singular the tenements, hereditaments, and appurtenances thereto belonging or in any wise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof...
Seite 404 - It is further agreed and understood by and between the parties hereto, that...
Seite 412 - ... local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Seite 623 - Parties may agree in writing for the payment of any rate of interest whatever on money due or to become due on any contract. Any judgment rendered on such contract shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment.