ALLEN v. WAMPLER

No. 10559.

392 P.2d 82 (1964)

Sallie A. ALLEN, et al., Plaintiffs, v. N.F. WAMPLER, et al., Defendants. Paul B. HOFFMAN and Leslie Busby, Complainants and Appellants, v. John Q. NICHOLS and Elizabeth Nichols, Hugh Peltz and Una Peltz, and C.E. (Scott) Melin, Water Commissioner, Respondents, and Respondents.

Supreme Court of Montana.

Decided May 8, 1964.


Attorney(s) appearing for the Case

Claude C. Gray (argued), Big Timber, Stanley P. Sorenson (argued), Helena, for appellants.

Jack D. Shanstrom (argued), Livingston, Ben E. Berg, Jr. (argued), Bozeman, for respondents.


JAMES T. HARRISON, Chief Justice.

This is an appeal from a judgment entered in a proceeding instituted under section 89-1015, R.C.M. 1947, which provides a summary remedy for a water right owner on an adjudicated stream, who is dissatisfied with the method of distribution employed by a water commissioner appointed to administer the decree by which the stream was adjudicated. Under the statute, the proceeding is initiated by the filing of a complaint to which no responsive...

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