Whitmore v. Murray City

WADE, Justice.

This is an appeal by plaintiff and appellant herein from a judgment of no cause of action.

A. 0. Whitmore, prior to his death, had filed a complaint seeking a declaratory judgment establishing the priority of a water filing for power purposes. Appellant has been substituted in this case as the executor of his last will.

On October 1, 1930, A. 0. Whitmore filed in the office of the state engineer an application, known as filing No. 10980, for the appropriation of 20 c. f. s. of water for power purposes on Little Cottonwood Creek in Salt Lake County, with the point of diversion a…