Crook v. Hewitt

The opinion of the court was delivered by

Dunbar, J. —

In this case, after the testimony of the appellant was in, the respondents moved to dismiss the action on the two following grounds:(1) “That no interest whatever to this plaintiff in and to the stream known as Wood’s creek has been shown in the testimony now before the court.” (2) “ That no evidence has been introduced before this court showing that the Everett Land Company, or Henry Hewitt, is intending to or about to divert a sufficient quantity of water from that stream to in any way prevent this plaintiff from having sufficient water…