Reno v. Reno & Juchem Ditch Co.

The parties differ as to what kind of an action this is. It wás brought by the plaintiff in error, hereafter called the plaintiff. He claims it is for the purpose of quieting his title to a water right. The defendants claim otherwise, and contend that the complaint is insufficient for that purpose, in that it fails to allege possession in plaintiff, and other matters necessary to be alleged in such an action. The defendants’ theory is that it is a suit in equity calling for injunctive relief, etc., and damages for having denied plaintiff certain alleged rights.

The complaint alleges that about…