Binning v. Miller

OPINION

Riner, Justice.

This case has been before this court on a former occasion, and the record then submitted was very fully examined and discussed, both as to the pleadings of the parties and the facts involved, by an opinion filed April 29, 1940. Binning v. Miller, Water Division Superintendent, (Bayer et al., Interveners) 55 Wyo. 478, 102 Pac. (2d) 64. As indicated therein the controversy to be disposed of in fact lay between the plaintiff, Binning, and the then interveners William Bayer and Charles J. Bayer, as to the ownership of a certain reservoir of water, and the dam which impounded…