MR. JUSTICE WOODS delivered the opinion of the court.
This suit was brought by Stafford, the appellee, against Hornbuckle and Marshall, the appellants, to restrain them from diverting from his ditch a certain quantity of water to which he claimed to be entitled. The complaint alleged that the appellee was entitled to such quantity of the waters of Avalanche Creek, or Gulch as it is sometimes called in the record, in the county of Meagher and Territory of Montana,...
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