Alhambra Addition Water Co. v. Richardson

Hayne, C.

Action to maintain a riparian right to water; defense, a prescriptive right of diversion.

The first point made on behalf of the appellant is that the answer does not sufficiently set forth the prescriptive right relied on. We think the point cannot prevail for two reasons.

In the first place, if it .be conceded that the answer is defective, it is a case of mere defects, and not of total absence of averment; and the pleading was treated as sufficient at the trial. Nearly all the defendants’ evidence bore more or less directly upon the question of prescriptive right. It was tbe main…