Gutshall v. Carpenter

Decided April 15, 1906

Supreme Court of Colorado · decided 1906-04-15

Appeal from the District Court of Montrose County. Don. Theron Stevens, Judge. Action by S. P. Grutshall against L. Gr. Carpenter as State Engineer, District No. 4, and W. O. Her sum, Water Commissioner, District No. 41. From a judg-. ment for defendants, plaintiff appeals. Decision en banc.

Relies on New Cache la Poudre Irrigation Co. v. Water Supply & Storage Co. · Fluke v. Ford

Affirmed · Decided 1906-04-15

Per Curiam.

¶1-The questions presented by this appeal have been settled by the previous decisions of this court in Irrigation Co. v. Water S. & S. Co., 29 Colo. 469; Fluke v. Ford, 35 Colo. 112; New Cache la Poudre Irrigating Co. v. Arthur Irrigation Co., ante, page 530; Ashenfelter v. Carpenter, ante, page 534.

¶2The judgment of tbe district court is in accordance with the views expressed in these cases, and will, therefore, be affirmed, without prejudice to appellant to maintain a proceeding in accordance with the act of 1899 (Sess. Laws 1899, 235) and the act of 1903 (Sess. Laws 1903, 278).

¶3Decision en banc. Judgment affirmed.