Eldridge v. Payette-Boise Water Users' Assn.

This case has been before this court on two previous occasions involving a motion to dismiss the appeal (279 Pac. 713), wherein one of the appellants, Brown, was eliminated and the appeal of Kollenborn permitted to stand on the order of the court disallowing his claim and allowing other claims to which he objected. On motion to strike the brief and transcript and to limit the appeal (283 Pac. 1040), it was indicated that the limiting of the appeal should be disposed of upon the merits, now presented.

Appellant’s assignments of errors may be summed up in two contentions; first, that the trial…