Walton v. . Mills

The object of this action, brought by several proprietors of land on an unnavigable stream which proceeds from an upper tract belonging to the defendant, is to restrain him from a contemplated diversion of its waters from their proper channel by means of canals and conduits in process of construction, and which the defendant intends to use in gold washing operations, to the injury of the gold mines and mills on the plaintiffs’ lands which require the uninterrupted flow of the water. Upon an ex parte application of the plaintiffs the judge appointed a day for the hearing, and meanwhile issued…