Miller v. Lake Irrigation Co.
Washington Supreme Court
Cross appeals from a judgment of the superior court for Chelan county, Heal, L, entered August- 23, 1902, after a trial on the merits before the court without a jury. Action to determine the priorities of right to the use of waters of a stream for purposes of irrigation. Two separate sets of findings were filed. The plaintiffs’ claim was cut down, and established-as first in time, and they appeal from that part of the decree making the reduction.
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Cross appeals from a judgment of the superior court for Chelan county, Heal, L, entered August- 23, 1902, after a trial on the merits before the court without a jury. Action to determine the priorities of right to the use of waters of a stream for purposes of irrigation. Two separate sets of findings were filed. The plaintiffs’ claim was cut down, and established-as first in time, and they appeal from that part of the decree making the reduction. The rights of defendants Wood, et al., were decreed to be second in time and they accepted the decree. The two defendant irrigation companies took…
1Per curiam
For a statement of this case, reference is made to the opinion of this court on a prior appeal, re*135ported in 27 Wash. 447, 67 Pac. 996, where the case was remanded for further proceedings.
In answer to appellants’ contention that the court had no authority, under the pleadings, to establish priorities or to grant injunctive relief, we refer to the opinion above cited, where this court said:
“The theory of the complaint is to quiet the title of contending claimants for the use of the waters of Stemilt Creek. It is also the theory of the answering defendants.”
Again it was said:
“But the priority of…
2Cases cited1 opinion
- Miller v. Lake Irrigation Co.Washington Supreme Court · 1902
3Cited by1 opinion
- Spring Hill Irrigation Co. v. Lake Irrigation Co.Washington Supreme Court · 1906