ANDERSON v. CUMMINGS

No. 8748.

340 P.2d 1111 (1959)

Rulon J. ANDERSON and Leona Anderson, his wife, Plaintiffs-Appellants, v. Clifford CUMMINGS and Nancy Cummings, his wife, Defendants-Respondents.

Supreme Court of Idaho.

June 25, 1959.


Attorney(s) appearing for the Case

A. A. Merrill, Idaho Falls, for appellants.

Holden, Holden & Kidwell, Idaho Falls, for respondents.


SMITH, Justice.

During April, 1957, appellants (plaintiffs) brought an action in the district court of Butte County seeking an adjudication of their right to the use of certain waters for irrigation purposes, and to compel removal of a dam obstructing the flow of the waters allegedly constructed by respondents (defendants) during the spring of 1957. This case resulted in a decree, entered April 11, 1958, favorable to appellants, the relevant portions thereof reading...

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