Upper Harmony Ditch Company v. Stunkard

Opinion by

MR. JUSTICE GROVES.

The plaintiff ditch company sought to enjoin the defendants from diverting water from Ramsey Draw and to obtain damages for such past diversions by the defendants. After certain depositions had been taken, affidavits filed and other documentary evidence was before the court, it granted the defendants’ motion for summary judgment, stating that the plaintiff might file “amended pleadings or Motion For New Trial within twenty days if it so desires.” Within 20 days plaintiff filed an amended complaint. The defendants again filed a motion for summary judgment, which…