Bardsly v. Boise Irrigation & Land Co.

Citations

• 8 Idaho 155
• 67 P. 428
• 1901 Ida. LEXIS 65

Syllabus

<p>Complaint — Statutory Requirements. — Under act providing for the appropriation and distribution of waters, approved February 25, 1899 (Sees. Daws 1899, p. 380), the complaint must state facts sufficient to show that the plaintiff has complied on his part with the requirements of said act before a canal company can be compelled to deliver water to him. Held, that the complaint does not state a cause of action.</p> <p>Remedy — Mandamus.—Where an applicant for water under the provisions of said act has performed all of the acts and things required thereby to be done, and performed by him, and the canal company has sufficient unsold water to supply applicant’s demand, and refuses to do so, it may be compelled, by writ of mandate, to furnish such water.</p> <p>(Syllabus by the court.)</p>