Clifford v. Larrieu

The defendant seeks to reverse this case for the reason that the court erred in not dismissing the complaint, claiming that the evidence shows that the plaintiffs have no interest in the subject-matter. The statement does not contain all the evidence. It appears that plaintiffs sought to enjoin defendant from taking water from the San Pedro river above them, to the extent of impairing their use below for irrigation purposes; that plaintiffs use, and have for a long time used, water to irrigate some 600 acres of land. The water runs through a ditch, and defendant urges that the evidence shows…