Smith v. Phillips

This action was brought in the first district court to obtain a decree defining the rights of the parties in and to the waters of Dry Creek, and to apportion said waters among the several owners thereof. The complaint is filed by the plaintiff in his own behalf, and in behalf of other parties interested in, and entitled to the use of, waters from said creek. The defendant answered. The cause was brought to trial, and a decree entered. A finding of facts was expressly waived by both parties. No motion was made for a new trial, or bill of exceptions settled. The defendant appeals from the…