General

JAMES D. MARLAR, Appellant, v. THE MARICOPA CANAL COMPANY, Appellee

9 Ariz. 102·Arizona Supreme Court·1904·AZ

KENT, C. J., DOAN, J., aid DAVIS, J., concur.

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Opinion

[Civil No. 739.] JAMES D. MARLAR, Appellant, v. THE MARICOPA CANAL COMPANY, Appellee. APPEAL from the District Court of the Third' Judicial District in and for the County of Maricopa. Webster Street, Judge. W. H. Stilwell, and J. H. Kibbey, for Appellant. C. F. Ainsworth, for Appellee. March 26, 1904. [MAJORITY — SLOAN, J.] SLOAN, J. Upon the auhority of the case of Gould v. Maricopa Canal Co. (decided at this term), 8 Ariz. 429, 76 Pac. 598, the judgment of the trial court is reversed, and a decree will be entered establishing appellant’s right as an appropriator of water to the extent needed for the irrigation of the land described in his complaint, not exceeding thirty-five inches, and granting, against the appellee, the same character of relief granted to the appellant in the Could case. KENT, C. J., DOAN, J., aid DAVIS, J., concur.