Monte Vista Canal Co. v. Centennial Irrigating Ditch Co.

Motion has been made by appellants to remand this cause to the supreme court under the provisions of section 6 of the act creating the court of appeals, assigning as a reason, that the decision necessarily relates to and involves a freehold.

The judgment appealed from was rendered by the district court in and for Costilla county, in a special proceeding under the act of 1903 (S. L. ’03, p. 278), on petition of The Centennial Irrigating Ditch Company, a corporation, owner of the Centennial Ditch, for permission to change the point *366of diverting the water decreed to that ditch from the present…