Ingram v. Malone Farms, Inc.

COMPTON, Chief Justice.

The protestant, appellant here, appeals from the judgment of the District Court of Chaves County sustaining the decision of the state engineer. At the outset we are faced with the scope of review on appeal under § 75-6-1, 1953 Comp. • The pertinent provisions "of the section read:

“Any applicant or other party dissatisfied with any decision, act or refusal to act of the state engineer may take an appeal to the district court * * *. The proceeding upon appeal shall be de novo, except evidence taken in hearing before state engineer may be considered as original evidence,…