State v. Adair

Plaintiffs applied for a writ of review directed to defendant to review a judgment rendered by defendant on an appeal from a decision of the commissioner of reclamation, denying an application for a transfer of the place of use of water under C. S., sec. 5582, amended 1921 Sess Laws, chap. 146, p. 334.

The determinative point herein is whether a writ of review or appeal is the proper procedure.

Plaintiffs contend the only remedy is by writ of review because an appeal is not authorized by C. S., sec. 7152, in this, that such appeal would not fall under either the second or third phrases of…