STATE v. McLEAN

No. 6095.

308 P.2d 983 (1957)

62 N.M. 264

The STATE of New Mexico on the relation of John R. ERICKSON, State Engineer, Plaintiff-Appellant, v. Joe P. McLEAN, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied April 3, 1957.


Attorney(s) appearing for the Case

Richard H. Robinson, Atty. Gen., Charles D. Harris, Spec. Asst. Atty. Gen., Jack L. Love, Spec. Asst. Atty. Gen., for appellant.

G.T. Watts, Roswell, for appellee.


LUJAN, Chief Justice.

Plaintiff as appellant before this court instituted this action in the district court for Chaves County alleging therein that the defendant was illegally irrigating certain land situated in said county from an artesian well in the Roswell Artesian Basin, and praying for injunctive relief.

The defendant by his answer denied all the material allegations of the complaint and the issues so drawn were whether a valid right existed in the defendant...

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