 We are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a preexisting right of possession, constituting a valid claim to its continued use, than the establishment of a new one.  The Pacific Reporter - Page 7261886Full view - About this book
 | Electronic journals - 1883 - 710 pages
...protecting in patents such right in water appropriated, when recognized by local customs and laws, "was rather a voluntary recognition of a pre-existing...continued use, than the establishment of a new one." (Broder \. Natoma W. & M. Co., 11 Otto, 274.) We conclude, then, that the common-law doctrine giving... | |
 | Law reports, digests, etc - 1890 - 1130 pages
...acknowledged and confirmed. " This section, said Mr. Justice MILLER, in Broder v. Water Co., 101 US 274, 276, "was rather a voluntary recognition of a pre-existing...continued use, than the establishment of a new one." By section 17 of the act of July !), 1870, amendatory of the act of July 26,1866, it was provided,... | |
 | Law reports, digests, etc - 1884 - 1006 pages
...before the passage of the act of 1866. We are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a pre-existing...continued use, than the establishment of a new one." Much other authority, in the decisions of courts, and in legislative acts, both of congress and of... | |
 | Law reports, digests, etc - 1884 - 1042 pages
...And the court added: " We are of opinion that the section of the act which we have quoted (the ninth) was rather a voluntary recognition of a pre-existing...continued use, than the establishment of a new one." The court accordingly, in the Broder case, without regard to the act of 1866, protected the right of... | |
 | United States. Supreme Court - Law reports, digests, etc - 1890 - 778 pages
...274, 276,." was rather a voluntary recognition of a preexisting right of possession, constitute ing a valid claim to its continued use, than the establishment of a new one." By section 17 of the act of July 9, 1870, amendatory of the act of July 26, 1866, it was provided,... | |
 | Law reports, digests, etc - 1886 - 866 pages
...mining regions were such as the government was bound to protect, and that the statute was " rather л voluntary recognition of a pre-existing right of possession...continued use than the establishment of a new one:" Broder v. Natoma Water Co., 101 US 274. THIS DOCTRINE APPLIES ONLY то TUE PUBLIC LANDS of the United... | |
 | John Norton Pomeroy - Irrigation laws - 1887 - 344 pages
...Wall. 670; Atchison v. Peterson, 101 US 274; Basey v. Gallagher, Id. 507. 2Rev. St. US § ! stituting a valid claim to its continued use, than the establishment of a new one."1 § 18. Limits of the doctrine of appropriation — The early cases. It will aid in the subsequent... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1888 - 978 pages
...before the passage of the act of 1866. We are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a pre-existing...continued use, than the establishment of a new one": Co/fin v. Left-hand Ditch Co., G Col. 443; opinion by Ross, J., in Lux v. Haggin, 69 Cal. 255. It necessarily... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1890 - 542 pages
...the Supreme Court of the Opinion of the Court — Belknap, J. United States declared that the statute was rather a voluntary recognition of a pre-existing...continued use, than the establishment of a new one; and, following this view, the construction given to the statute in Vansickle v. Haines was overruled in... | |
| |
