Fort Morgan Reservoir & Irrigation Co. v. Putnam Ditch Co.

The defendants in error move to dismiss the writ of error. The action was a statutory proceeding to change the point of diversion of water adjudicated to the Putnam ditch. The change was granted. The ground for the motion to dismiss is that plaintiffs did not comply with C. L. § 1711, by praying for a review within thirty days from the decree. It is conceded that they did not do so, and the question is whether it was necessary.

The section is as follows: “1711. Re-arguments, reviews and appeals. Sec. 94. Re-arguments and reviews of and appeals from decrees entered hereunder may be had as in…