Gila Bend Reservoir Co. v. Gila Water Co., 202 U.S. 270 (1906)

Gila Bend Reservoir and Irrigation

Company v. Gila Water Company
No. 226

Argued April 12, 16, 1906
Decided May 14, 1906
202 U.S. 270

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF ARIZONA

Syllabus

The absence of a formal order by the court need not necessarily prevail over its essential action.

Where appellant’s only assignment of error on an appeal from the supreme court of a territory is that the court had not acquired jurisdiction of the property in that suit because it was in its custody in another suit in which a receiver had been appointed, and the receivership had not been extended or the actions consolidated, but the record clearly shows that the district court considered the cases as consolidated and empowered the receiver appointed in the first suit to sell the property and apply the proceeds as directed in the second suit, and that such decree was affirmed by the supreme court of the territory and by this Court, the assignments are without foundation and the decree will be affirmed.

The facts are stated in the opinion.