Kearney Lake, Land & Reservoir Co. v. Lake DeSmet Reservoir Co.

ON REHEARING

Before McINTYRE, C. J., and PARKER, McEWAN and GRAY, JJ. Mr. Justice GRAY

delivered the opinion of the court.

In Kearney Lake, Land & Reservoir Company v. Lake DeSmet Reservoir Company, Wyo., 475 P.2d 548, we upheld the dismissal of plaintiff’s petition by the lower court primarily on the ground that the petition was fatally defective in stating a claim upon which the relief requested could be granted. In passing upon the proposition that the court in view of the provisions of Title 41, Ch. 2, Art. 4, W.S.1957, was without jurisdiction to decide the basic issue in the case, i. e.,…