Moore v. Burritt

Defendants in error, who were plaintiffs below, brought suit to restrain defendants, of whom plaintiff in error Moore was one, from interfering with their water right. A temporary restraining order was issued, and on the final hearing made permanent, following the sustaining of motion to strike the amended answer and cross complaint of defendant Moore as being sham and for judgment on the pleadings. Moore, alone, seeks reversal on an application for supersedeas.

The complaint below alleged: 1. That plaintiffs for many years have been the owners of the Humper ditch which has been used by them…