Stocker v. Kirtley

Citations

• 6 Idaho 795
• 59 P. 891
• 1900 Ida. LEXIS 1

Syllabus

<p>Practice — Injunction—Damages.—In a ease when a perpetual injunction is prayed for, and also damages, the court must try the issue raised as to the injunction, and, on demand of either party, submit the question of damages to a jury and thereafter enter the proper judgment.</p> <p>¡Same — Causes Cannot be Tried Piece-meal. — It is error to try the issue as to the injunction, enter judgment thereon, and continue the question of damages to a subsequent term of the court. Causes cannot thus be tried piece-meal'.</p> <p>Same — Evidence.—All who are neither parties to a judgment nor the privies to such parties are not bound by such judgment.</p> <p>Court Must Grant any Relief Embraced Within the Issues.— Under the provisions of section 4353 of the Revised Statutes, when an answer is filed, the court may grant any relief consistent with the ease and embraced within the issues.</p> <p>Water Right — Ditch.—One may own a ditch, without owning a water right and may protect it from injury.</p> <p>(Syllabus by the court.)</p>