Carroll v. Vance & Loggie
Supreme Court of Colorado
Appeal from the District Court of Ouray County. Hon. Theron Stevens, Judge. Action by G. N. Carroll against T. H. Vance and A. M. Loggie. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtJustice Campbell
*218The plaintiff, as a senior appropriator of water from a natural stream for purposes of irrigation, brought this action to restrain the wrongful diversion of water by the two defendants, junior appropriators from the same stream, which, if permitted, would be, plaintiff says, to his injury. Each of the defendants filed a separate demurrer to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The abstract does not show that any ruling was made upon these demurrers.
Afterwards the defendants filed separate answers to the complaint, that of Loggie…
2Cited by1 opinion
- Comstock v. Larimer & Weld Reservoir Co.Supreme Court of Colorado · 1914