Huber v. Schmidt

The opinion of the court was delivered by

Wertz J.:

LaVern J. Huber, plaintiff (appellee),- brought this action against Arthur H., Edna May, Orville, Robert and Norman Schmidt, and Mary M. and Ennis C. Whitehead, defendants (appellants), under the declaratory judgment act (G. S. 1949, 60-3127 et seq.), for the purpose of obtaining a judicial determination of the rights of the respective riparian property owners to the use and flow of the water in Sand Creek in Harvey county.

No useful purpose would be served in detailing the allegations of plaintiff's petition as amended. Briefly, plaintiff…