Haney v. Neace-Stark Co.

Rehearing denied October 23, 1923.

On Petition for Rehearing.

(219 Pac. 190.)

Mr. J. J. Heilner and Messrs. Clifford & Correll, for the petition.

Messrs. McColloch & McCollooh, contra.

BROWN, J.

The Neace-Stark Company, through its attorneys, has filed a petition for a rehearing. *120For a full statement of the facts and issues involved herein, see Haney v. Neace-Stark Co., supra, 94 (216 Pac. 757).

The court expressly set forth in finding of fact No. 18—

“That the extent of appropriations and application and use of water * * cannot be determined in this proceeding from the pleadings and evidence…