Sponsel v. Schaeffer

Opinion by

Mr. Justice Teller.

This case comes before us on exceptions to the findings and decree of the District Court in a statutory proceeding to adjudicate water rights, in which the Spring Creek Ditch, owned by defendant in error was given a priority of March 15, 1888, and the John Sponsel Ditch, owned by plaintiff in error, was given a priority of May 10, 1888. Three other ditches owned by Sponsel were given priorities of May 15, 1888. The ditches in question are the only ditches taking water from Spring Creek.

The only ground for reversal discussed in the briefs is that the findings and…