MARSH v. HUBBARD

No. 13157.

516 P.2d 358 (1973)

30 Utah 2d 255

William D. MARSH and Bettie J. Marsh, Plaintiffs and Appellants, v. Norris J. HUBBARD, Defendant, Third-Party Plaintiff and Respondent, v. M.C. MARSH, Third-Party Defendant and Appellant.

Supreme Court of Utah.

November 28, 1973.


Attorney(s) appearing for the Case

William D. Marsh, Marsh & Marsh, Ogden, for plaintiffs and appellants.

Omer J. Call, Brigham City, for defendant-third-party plaintiff and respondent.


HENRIOD, Justice:

Appeal from an $800 trespass action, tried to the court, having to do with placing dams to protect defendants' asserted water rights. Affirmed, with costs to defendants.

The question of trespass, subject of this action, never seems to have been exactly the real issue. By some sort of protracted procedure, this case wound up with some other kind of possible, but procedurally unimportant, abortive, prolonged, adjudication of water rights, involving...

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