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· 9/5/1905

Stethem v. Skinner

Citations

  • 11 Idaho 374
  • 82 P. 451
  • 1905 Ida. LEXIS 62

Syllabus

<p>Mandamus — Parties in Interest — Variance Between Findings and Decree.</p> <p>1. In an aetion to procure a peremptory writ of mandate against a water-master, commanding bim to distribute waters from a different stream than that named in the decree under which he is making distribution, all parties to be affected thereby should be made parties to th aetion.</p> <p>2. Where a water decree is clear upon its face as to the stream from which diversion and distribution shall be made, a water-master will not be required to look beyond the decree and examine the findings for directions or authority.</p> <p>(Syllabus by the court.)</p>

Judges: Ailshie, Stoekslager, Sullivan

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