Robinson v. Schoenfeld

This is an action to determine conflicting- claims to the nse of the waters of two springs in Kane county, this state.

The state of Utah was made a party defendant. Neither pleading nor appearance, however, was made by the state and the trial court determined the issues between the plaintiffs and the defendant Schoenfeld without regard to the state’s interest in the controversy, if it had any interest, and we shall so determine this appeal. In the course of the opinion whenever the word “defendant” is used reference is had only to the defendant Schoenfeld.

It is alleged in the complaint that…