Salina Stock Co. v. Salina Creek Irrigation Co.

No. 191
Decided Filed Supreme Court of the United States
Disposition
affirmed
full scope · unanimous
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Court
Supreme Court of the Territory of Utah
Filed
Decided
Judge
Me. Justice Shieas
Posture
Decree entered by District Court of First Judicial District of Utah Territory, modified by Supreme Court of Utah Territory
Defendant (1)
Salina Stock Company
Mr. G. W. Bennett
v.
Plaintiff (1)
Salina Creek Irrigation Company
Mr. J. L. BawUns
Other parties: Elwin A. Ireland — Defendant

Overview

The judgment of the Supreme Court of the Territory of Utah is affirmed.

Case summary

This case involves a dispute over water rights in Utah Territory between Salina Creek Irrigation Company (plaintiff) and Salina Stock Company and Elwin A. Ireland (defendants). The plaintiff sought to enjoin defendants from diverting waters from Yogo and Neoche Creeks, which feed into Salina Creek used for irrigation. The District Court awarded primary water rights to plaintiff with limited rights to defendants. On appeal, the Supreme Court of Utah Territory modified the decree to allocate water rights more specifically between the parties without ordering a new trial. Defendants appealed to the U.S. Supreme Court, arguing the territorial Supreme Court improperly modified findings without a new trial. The U.S. Supreme Court affirmed, holding the territorial court acted within its authority under Utah Code §3006, and since the record contained no statement of facts or evidentiary rulings for review, and no injustice was shown, it would not disturb the judgment.

Abstract

The irrigation company sought to enjoin defendants from diverting waters from creeks feeding into the main irrigation creek. The district court awarded primary water rights to the plaintiff with limited rights to defendants, and the territorial supreme court modified the decree to allocate rights more specifically without a new trial. The U.S. Supreme Court affirmed, holding the territorial court acted within its authority as the record lacked a statement of facts or shown injustice.

Opinion of the court

Majority
opinion
Me. Justice Shieas
  • Single question is regularity of territorial Supreme Court's action in modifying findings and decree
  • Authority of U.S. Supreme Court on appeal from territorial court is limited to reviewing if findings support judgment and if error in evidentiary rulings
  • Utah Code §3006 authorizes appellate court to modify judgments and direct proper entries
  • Prior precedents (Stringfellow v. Cain, Gray v. Howe) support territorial court's action
  • Record lacks statement of facts or evidentiary rulings, so nothing to review
  • No injustice perceived, so judgment affirmed

Jurisdiction

not challenged
Statutory basis
Act of April 7, 1874, c. 80, 18 Stat. 27
Subject matter
Appeal from the Supreme Court of the Territory of Utah
Jurisdictional holding
Assumed jurisdiction as parties did not question finality of decree
Jurisdictional facts
  • Appeal from territorial court
  • Equity case

Procedural posture

Posture at trial
Decree entered by District Court of First Judicial District of Utah Territory, modified by Supreme Court of Utah Territory
Posture on appeal
Direct appeal from Supreme Court of Utah Territory to U.S. Supreme Court
Preserved issues
  • Regularity of Supreme Court of Utah's action in modifying findings and decree without ordering new trial

Subsequent history

Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed
Remand proceedings
Case remanded to District Court with directions to modify decree per territorial Supreme Court's opinion
Mandate issued
Not specified

Legal categories

BusinessEstate Planning and Real Estate

Case record

Full case name
SALINA STOCK COMPANY v. SALINA CREEK IRRIGATION COMPANY
Docket number
No. 191
Court
Supreme Court of the United States
Trial court
Supreme Court of the Territory of Utah
Trial court judge
Not specified
Filed
Decided
Opinion author
Me. Justice Shieas
Opinion type
published
Precedential status
precedential
Judges on panel
Me. Justice Shieas

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

Limited review for error or injustice

Disposition rationale

No statement of facts or evidentiary rulings provided for review; no injustice perceived

Preservation

Issue preserved for review

Holdings of the court

Authority of Supreme Court of Utah Territory to modify findings and decree without new trial
The Supreme Court of Utah Territory acted within its authority under Utah Code of Civil Procedure §3006 to modify findings and decree without ordering new trial
Section 3006 authorizes appellate court to reverse, affirm, modify, or direct proper judgment; territorial court's interpretation is practical and consistent with prior U.S. Supreme Court precedents (Stringfellow v. Cain, Gray v. Howe); no injustice shown as record lacks statement of facts or evidentiary rulings for review
unanimousbinding precedent

Error analysis

  • Supreme Court of Utah Territory erred in vacating findings of District Court and rendering judgment on evidence without new trial — procedural · no error foundNot applicable as no error found · not applicable

Statutory interpretation

2
Statute
Utah Code of Civil Procedure §3006 (Compiled Laws)
Question
Whether appellate court may modify findings and judgment without ordering new trial
Court's reading
Section authorizes appellate court to reverse, affirm, modify, or direct proper judgment or order, including modifying findings and corresponding judgment without new trial
Canons applied
Practical interpretation by territorial court
no legislative history
Statute
Act of April 7, 1874, c. 80, 18 Stat. 27
Question
Requirements for appeal from territorial court
Court's reading
Requires statement of facts in nature of special verdict and rulings on evidence; not complied with here, limiting review
Canons applied
Plain meaning
no legislative history

Burden of proof

Prosecution burden
Not applicable (civil equity case)
Defence burden
Not applicable

Standards of review

  • Regularity of territorial Supreme Court's action in modifying findings and decree — abuse of discretion Court limited to determining if findings support judgment and if error in evidentiary rulings; not inclined to reverse on practice question unless injustice shown

Timeline

Procedural path

Stockholders divert creek watersEstablishment of prior rightsDefendants divert tributary watersEstablishment of defendant rightsIncreased diversion diminishes flowComplaint filed for injunctionAnswers filed asserting rightsTrial court decree awards rightsAppellate court modifies decreeCase remanded with directionsU.S. Supreme Court affirms judgment
9
Events
1871-1873 —
Span
1871-1873factual eventcited in opinion

Plaintiff's stockholders and predecessors diverted and used all waters of Salina Creek from June 15 to November 1 each year

Outcome: Establishment of water appropriation rights

Basis for plaintiff's claim of prior appropriation

Water rights allocation
Plaintiff's stockholders · Predecessors Salina Creek, Utah Territory not applicable
factual eventcited in opinion

Defendants or their grantors began diverting waters from Yogo and Neoche Creeks

Outcome: Establishment of defendants' water use

Basis for defendants' claim of appropriation rights

Water rights allocation
Defendants · Grantors Yogo and Neoche Creeks, Utah Territory not applicable
1888-1889factual eventcited in opinion

Defendants diverted nearly all waters of Yogo and Neoche Creeks

Outcome: Diminished flow in Salina Creek

Triggered lawsuit for injunction

Water rights allocation
Defendants Yogo and Neoche Creeks, Utah Territory not applicable
filingcited in opinion

Plaintiff filed complaint in District Court seeking injunction against defendants

Outcome: Complaint filed

Initiation of legal proceedings

Water rights allocation
Salina Creek Irrigation Company · Salina Stock Company · Elwin A. Ireland District Court of First Judicial District, Utah Territory trial court
filingcited in opinion

Defendants filed answers claiming entitlement to use of waters of Yogo and Neoche Creeks

Outcome: Answers filed

Defendants asserted their water rights

Water rights allocation
Salina Stock Company · Elwin A. Ireland District Court of First Judicial District, Utah Territory trial court
rulingcited in opinion

District Court entered decree awarding water rights to plaintiff with limited rights to defendants

Outcome: Decree entered

Initial allocation of water rights

Water rights allocation
District Court judge District Court of First Judicial District, Utah Territory trial court
rulingcited in opinion

Supreme Court of Utah Territory filed opinion modifying District Court's decree and findings

Outcome: Decree modified and case remanded with directions

Appellate court exercised authority to modify findings without new trial

Appellate court authorityWater rights allocation
Supreme Court of Utah Territory Supreme Court of Utah Territory appellate court
appeal eventcited in opinion

Case submitted to U.S. Supreme Court

Outcome: Submitted for decision

Final appellate review

Appellate court authority
U.S. Supreme Court U.S. Supreme Court appellate court
appeal eventcited in opinion

U.S. Supreme Court decided case

Outcome: Judgment affirmed

Final disposition affirming territorial court's action

Appellate court authority
U.S. Supreme Court U.S. Supreme Court appellate court

Facts & evidence

Incident

Date
Prior to 1890, with diversions in 1888-1889
Location
Sevier County, Utah Territory, involving Salina Creek, Yogo Creek, and Neoche Creek

Key facts

5 facts
  1. Plaintiff Salina Creek Irrigation Company sued to enjoin defendants from diverting waters of Yogo and Neoche Creeks
  2. Plaintiff's stockholders owned agricultural lands near Salina requiring irrigation from Salina Creek
  3. Defendants diverted waters from Yogo and Neoche Creeks for stock raising and irrigation
  4. District Court found plaintiff had primary rights to waters during specific periods, with defendants having secondary rights
  5. Supreme Court of Utah modified decree to allocate water rights more specifically between parties

Disputed questions

  • Extent of water rights and appropriations by each party

Procedural history

8 steps
  1. Complaint filed February 11, 1890
  2. Answers filed March 27, 1890
  3. Trial without jury
  4. Decree entered February 14, 1891
  5. Motion for new trial overruled
  6. Appeal to Supreme Court of Utah Territory
  7. Supreme Court of Utah modified decree September 12, 1892
  8. Appeal to U.S. Supreme Court

Evidence in the record

Documentary
  • Deeds conveying water rights to plaintiff corporation

Objects of relevance

Dams and ditches used to divert creek watersAgricultural lands requiring irrigation

Policy considerations

  • Judicial efficiency in resolving controversies without unnecessary new trials
  • Deference to territorial courts' interpretation of local procedural codes

Authorities

Cited authorities (6)

Stringfellow v. Cain, 99 U. S. 610
followedquotedprecedent
Cited as precedent where U.S. Supreme Court refused to disturb territorial Supreme Court's decree modifying findings
at 99 U. S. 610 Supreme Court itself to state facts and render proper judgment
Gray v. Howe, 108 U. S. 12
followedprecedent
Cited as precedent where U.S. Supreme Court affirmed territorial Supreme Court due to lack of reviewable record
at 108 U. S. 12
San Pedro Company v. United States, 146 U. S. 120
appliedprecedent
Cited for limited scope of review on appeal from territorial court
at 146 U. S. 120
Mammoth Mining Co. v. Salt Lake Machine Co., 151 U. S. 447, 450
appliedprecedent
Cited for limited scope of review on appeal from territorial court
at 151 U. S. 447, 450
Idaho & Oregon Land Co. v. Bradbury, 132 U. S. 509, 514
appliedprecedent
Cited for limited scope of review on appeal from territorial court
at 132 U. S. 509, 514
Haws v. Victoria Copper Mining Co., 160 U. S. 303, 312
appliedprecedent
Cited for limited scope of review on appeal from territorial court
at 160 U. S. 303, 312

Related cases (6)

Stringfellow v. Cain, 99 U. S. 610
prior appeal
U.S. Supreme Court refused to disturb territorial Supreme Court's decree modifying findings
Gray v. Howe, 108 U. S. 12
prior appeal
U.S. Supreme Court affirmed territorial Supreme Court's judgment due to lack of reviewable record
San Pedro Company v. United States, 146 U. S. 120
precedent
Cited for limited scope of review on appeal from territorial court
Mammoth Mining Co. v. Salt Lake Machine Co., 151 U. S. 447, 450
precedent
Cited for limited scope of review on appeal from territorial court
Idaho & Oregon Land Co. v. Bradbury, 132 U. S. 509, 514
precedent
Cited for limited scope of review on appeal from territorial court
Haws v. Victoria Copper Mining Co., 160 U. S. 303, 312
precedent
Cited for limited scope of review on appeal from territorial court

Statutes

  • Act of April 7, 1874, c. 80, 18 Stat. 27 (governing appeals from territorial courts)
  • Utah Code of Civil Procedure §3006 (authorizing appellate modification of judgments)

Standards & doctrines

  • Limited review standard for appeals from territorial courts
  • Prior appropriation doctrine for water rights

Legal principles applied

  • Limited appellate review of territorial court decisions
  • Deference to territorial court's procedural interpretations absent injustice

Notable quotes

“Without denying the authority of this court to find error in the judgment of the Supreme Court of a Territory, even in passing on a question of practice, we certainly should not feel inclined to exercise such authority unless we were able to perceive that injustice had been done”
majority — Discussing scope of review on appeal from territorial court
Establishes reluctance to reverse on procedural grounds absent injustice
“It has been frequently held that the authority of this court on appeal from the Supreme Court of a Territory is limited to determining whether the court’s findings of fact support its judgment or decree, and whether there is any error in rulings duly excepted to in the admission or rejection of evidence”
majority — Citing precedents on limited appellate review
Summarizes narrow standard for reviewing territorial court decisions
Index terms89
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Entities and documentation
Legal actions
Action type
affirmed
Target
judgment of Supreme Court of Utah Territory
Appealed from
Supreme Court of Utah Territory
Context
U.S. Supreme Court affirmed the territorial Supreme Court's judgment modifying the District Court's decree and findings without ordering a new trial
Scope
full
Further instructions
None
Disposition vote
unanimous
Action type
remanded
Target
case to District Court
Appealed from
Supreme Court of Utah Territory
Context
Territorial Supreme Court remanded case to District Court with directions to modify decree and findings in conformity with its opinion
Scope
full
Further instructions
Modify decree and findings to settle controversy with certainty based on existing proofs
Disposition vote
Not specified
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