McPhee v. Kelsey

A petition for a rehearing having been overruled, defendant’s counsel filed another application, which has been treated by this court as a motion to vacate the decree herein and to remand the cause to take further testimony as to whether all the water of Hutchinson Slough was intended by the parties to be included in their agreement of 1888, and whether a new appropriation of the water, of North Powder River was made by either party from the enlarged ditch for the irrigation of more than *291the first crop of alfalfa. Briefs having been filed and arguments made on these questions by counsel for…