Anita Ditch Company v. Turner

This appeal is the outgrowth of a proceeding before the State Board of Control for adjudication of a water right. The question presented is whether or not the trial court erred in dismissing an attempted appeal for failure of appellants (contestants below) to join an alleged indispensable party as an appellee.

Facts pertinent to the question, briefly stated, are-as follows: In the year 1899, a predecessor in interest to appellee, Carl J. Turner (claimant below), obtained from the state engineer a permit to appropriate direct-flow water from a stream for the irrigation of certain lands located…