Walker v. Lillingston

The present litigation arises between conflicting claims to the use of certain waters of a stream. Plaintiff appeals from the order denying his motion for a new trial, and upon that appeal the sufficiency of the evidence to support the findings of fact and the rulings of the court upon the admission and rejection of evidence alone will be considered. For it is only upon appeal from the judgment that the sufficiency of the findings becomes material.

The facts are these: Pardee and Richards were riparian -owners of a certain tract of land. They conveyed a part of the land to appellant’s…