Mud Creek Irrigation, Agricultural, & Manufacturing Co. v. Vivian

Gaines, Associate Justice.

The appellant, the plaintiff below, sued as a corporation, created under the general law for the purpose of the construction and maintenance of canals for irrigation. It sought by its suit to enjoin appellees from maintaining a dam on Mud Creek above the point at which the waters of the creek entered its works. A demurrer to the petition was sustained, and there being no offer to amend the suit was dismissed. Broni the judgment this appeal is prosecuted, and it is assigned that the court erred in sustaining the demurrer to the petition.

The petition alleges in…