Joyce v. McDonald

This is a suit to have determined and fixed by decree the respective rights of the parties to the waters of Union creek, Missoula county. It is before us on appeal by two of the defendants, who seek to have reviewed the action of the district court in making certain findings of fact to their prejudice, in omitting to make a certain finding to the interest of defendant David Morris, and in denying their motion to dismiss the proceedings.

The record as presented to us is in a remarkable state. It consists of: (1) Forty-eight pages of judgment-roll, included in which is a bill of exceptions on…