Allen v. Wampler

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from a judgment entered in a proceeding instituted under section 89-1015, B.C.M.1947, which provides a summary remedy for a water right owner on an adjudicated stream, who is dissatisfied with the method of distribution employed by a water commissioner appointed to administer the decree by which the stream was adjudicated. Under the statute, the proceeding is initiated by the filing of a complaint to which no responsive pleading is contemplated. A hearing is held, upon notice to interested parties, and, if…