Lyon v. Water Commissioners

Hasbrouck, J. (dissenting).

This is a motion to set aside a judgment on the ground that there is no decision in the case and accordingly no direction by the court for its entry.

The action is one brought by the plaintiffs to secure an injunction to prevent the defendants from diverting the waters of the Susquehanna from the mill pond and mill of the plaintiffs.

The case was tried before Mr. Justice McCann. After the close of the testimony requests to find were submitted by both plaintiffs and defendants and passed upon by the court. No decision as distinguished from the requests of the parties…