Oliver v. the Swiss Club Tell

This is an appeal by plaintiffs from a summary judgment in favor of defendant “The Swiss Club Tell, an unincorporated association,” and from the order dismissing plaintiffs’ complaint.

Question Presented

Was the trial court justified in granting a summary judgment in favor of defendant The Swiss Club Tell, an unincorporated association ?

The Pleadings

In this action to restrain the diversion of the natural flow of waters, the amended complaint, filed on August 20, 1959, alleged substantial^ as follows: 2 that plaintiffs were husband and wife and the owners in fee of certain property near Mill…