Williams v. Gregory

This was an action for diverting water from the ditch of plaintiffs. The only issues in the ease had reference to the question of prior appropriation and the amount of damages. Plaintiffs had judgment, defendants moved for a new trial, which motion was overruled; and from the order overruling this motion, defendants have appealed to this Court.

This case was placed upon the calendar, upon motion of the counsel of plaintiffs, as a delay case. It is urged by them that there was no notice of motion for new trial, as required by section one hundred and ninety-five of the code, and that the…