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DANIELS IRR. CO. v. DANIEL SUMMIT CO.

No. 14939.

571 P.2d 1323 (1977)

DANIELS IRRIGATION COMPANY, Plaintiff and Appellant, v. DANIEL SUMMIT CO. and Angus F. Ossmen, Defendants and Respondents.

Supreme Court of Utah.

November 3, 1977.

Attorney(s) appearing for the Case

Edward W. Clyde and Michael M. Quealy of Clyde & Pratt, Salt Lake City, for plaintiff and appellant.

J. Thomas Greene and Gifford W. Price, Dallin W. Jensen, Salt Lake City, for defendants and respondents.

HALL, Justice:

Plaintiff brought an action in two counts 1) to appeal the state engineer's decision approving defendants' change application which asserted an irrigation right and 2) to quiet title to the waters of Hobble Creek.

The case was tried to the Court, sitting without a jury, and it dismissed the first count as not being timely prosecuted.1 As to count two, it declined to determine the rights of use of the respective parties...

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