Alexander v. Muenscher

This action was brought seeking an injunction to prevent the defendant from diverting waters from what is alleged to be a watercourse. To the amended complaint, which will be referred to as the complaint, a demurrer was interposed, based upon a number of grounds, one of which was that the plaintiffs had no capacity to sue. After the action had been instituted, a temporary injunction was issued. The trial was to the court without a jury, and, at the conclusion of the evidence and before the argument of counsel, the court, accompanied by the parties to the action and their respective attorneys,…