Eilers v. Kodner Development Corp.

GUNN, Judge.

Defendant-appellant appeals from a default judgment of $12,000 in favor of plaintiffs-respondents. The theme of the case is surface water rights, and defendant asserts: 1) the judgment is in error as plaintiffs’ petition failed to state a cause of action; 2) the court abused its discretion in failing to set aside the default judgment on defendant’s ’ motion; 3) the trial court erred by failing to hear defendant on the issues of damages. We affirm the Judgment.

On February 7, 1973, plaintiffs filed suit against defendant for damages and injunc-tive relief arising out of defendant’s…