West Point Water Power & Land Improvement Co. v. State ex rel. Moodie

In this, an action instituted in the district court of Canning county, the relator, the county attorney of said county, asked the issuance of a writ of mandamus ordering the respondent to make and keep a suitable fishway for the passage of fish over and around a mill-dam owned and maintained by it in the Elkhorn river. To an answer filed by the respondent, the relator filed a general demurrer, which was sustained and, the respondent electing not to plead further, a peremptory writ of mandamus *225was granted and issued against it, as prayed in the application or petition. The case was presented…