Nixon v. Huttinga

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

Plaintiffs Clifford T. Nixon and Olga L. Nixon, husband and wife, appeal from a judgment dismissing their complaint in an action seeking an injunction and damages in connection with a claimed ditch right. The case was tried by the district court of Gallatin County, sitting without a jury. Following trial the district court granted defendants’ motion to dismiss for failure to show a right to relief pursuant to Rule 41(b), M.R.Civ.P. Defendants are Jelke Huttinga and Louwina Huttinga, husband and wife. Hereinafter plaintiffs and…