Cozzens v. North Fork Ditch Co.

This was an application to the superior court of Sacramento county for a writ of mandate to compel the defendant to furnish plaintiffs sixty-six thousand gallons of water per day for irrigating fruit trees and for domestic uses. A demurrer was interposed to the petition; the main objections being that the petition does not state facts sufficient to authorize the issuance of a writ of mandate, because the demand was based upon a certain water right and contract which provided for furnishing other lands along said ditch with certain quantities of water, and the petition fails to state whether…