Wailuku Sugar Co. v. Cornwell

OPINION OP THE COURT BY

JUDD, C. J.

A bill in equity was brought in tbe chambers of the Eirst Judge of the First Circuit by the Wailuku Sugar Company, a domestic corporation, owning a sugar plantation in the Island of Maui, averring that defendant, residing at Waikapu on the Island of Maui, is unlawfully diverting and using certain water for irrigation purposes to which the plaintiff is entitled, and praying for an injunction to restrain such diversion and use.

Defendant demurred to the jurisdiction of the Court on two grounds, first, that the subject matter in controversy, being a water right,…