Dick v. Caldwell

By the Court,

Leonard, J.

There were twenty defendants in this case, including Bird & Eitzhugh and E. Caldwell. Bird & Eitzhugh appealed from the decree, etc., and that appeal has been recently decided by this court. Defendant Caldwell also moved for a new trial. That motion was overruled, and he now appeals from the order denying the same, and from “so much of the judgment rendered as gives the said Dick any of the waters of Duck creek used by said E. Caldwell and his grantors, for the period of five years prior to the commencement of this suit, under claim of right, and adverse to the claim…