Wheatland Irrigation District v. McGuire

ROSE, Justice.

This matter comes to us on an appeal from a summary judgment entered in favor of the plaintiffs-appellees on the question of liability. The case was tried on the issue of damages alone.

The appellees urge that this appeal is out of time — a matter which will be considered in detail.

The defendant-appellant urges five separate points on the appeal, all but one of which are directed to alleged trial errors and, in view of our holding here, we deem it necessary to consider only one, namely —whether or not the lower court erred in granting a summary judgment for the ap-pellees on the…