Syrett v. Tropic East Fork Irrigation Co.

McDONOUGH, Justice.

Respondent commenced an action of mandamus in the District Court to compel appellant, Tropic and East Fork Irrigation Company, to deliver to him, as a stockholder in said corporation, the water to which he was entitled on certain lands located along the company’s diversion canal. The ease came before this court on an appeal from a judgment of nonsuit, based on jurisdictional ground, in favor of the Irrigation Company. We reversed the trial court’s decision and sent the cause back for further proceedings. 97 Utah 56, 89 P. 2d 474.

On further trial of the cause, the trial…