Frost v. Alturas Water Co.

Citations

• 11 Idaho 294
• 81 P. 996
• 1905 Ida. LEXIS 58

Syllabus

<p>Motion to Dismiss Appeal — Indefinite and Uncertain — Suit to Quiet Title to Water Eights — Joinder of Parties Plaintiff.</p> <p>1. Where the respondent moves to dismiss an appeal upon the ground that the notice of appeal has not been served upon all the adverse parties, and the motion does not enumerate or point out the parties upon whom the appellant failed to make service, and the record fails to show whether any of the defendants were ever served by process from the trial court or brought into the case in the trial court in any manner, the motion to dismiss’ will be denied by the appellate court.</p> <p>2. Settlers along a stream who own lands under such stream and have acquired the right to appropriate and use water from such stream as the common source of supply, and each owns his separate lands and water right in his individual capacity, held, that such settlers and appropriators have such a common interest in having the rights of the respective appropriators determined and quieted, and in a decree enjoining interference therewith, as to entitle them to join as parties plaintiff under the provisions of section 4X01, Revised Statutes.</p> <p>(Syllabus by the court.)</p>