Parke v. Boulware

Citations

• 7 Idaho 490
• 63 P. 1045
• 1901 Ida. LEXIS 7

Syllabus

<p>Pleadings — Material Allegations. — Under section 4217 of the Revised Statutes, every material allegation of the complaint not controverted by the answer must, for the purposes of the action, be taken as true.</p> <p>Insufficiency of Evidence to Support Verdict and Findings of Fact. — Held, that the evidence is insufficient to sustain the special verdict of the jury and findings of fact made by the court.</p> <p>Issues — Introduction of Evidence.- — The rejection of evidence not material to the issues is not error. The admission of evidence not material to the issues made by the pleadings, against the objection of the adverse party, is error.</p> <p>Water Right — Ditch—Ownership—Natural Water Channel. — The ownership of a ditch may be separate from any water rignt. One may adopt as a part of his ditch a depression, slough, or high-water channel, and have his right to the possession and use thereof protected the same as if such ditch had been wholly artificially made.</p> <p>(Syllabus by the court.)</p>