Bassett v. Swenson

ON PETITION FOR REHEARING.

McNAUGHTON, J.

—A petition, for rehearing has been filed by the appellants; also a motion by respondent challenging the appellants’ cost bill.

Appellants claim that the decision in this case is inconsistent with the holding of this court in Marshall v. Niagara Springs Orchard Co., 22 Ida. 144, 125 Pac. 208. In the Marshall case the court concluded from the record that a trespass had been committed in procuring data for the application for a permit to appropriate water. The court held that on that account the permit thus initiated was void. In this case the undisputed…