Crane v. Middleton

This is an appeal upon the judgment roll from an order granting a new trial to Artie Norgard Gordon, respondent herein.

Plaintiffs commenced an action against defendants for an injunction and for damages resulting from alleged diversions of water from a watercourse which flowed through the lands of the parties. One of the defendants named in the caption of the complaint was “Artie Norgard Gordon, Executrix of the Estate of Elmer Norgard, deceased.” Artie Norgard Gordon was the daughter of Elmer Norgard, deceased, and the executrix of his estate. Prior to the trial of the action, plaintiffs,…