6 Mont. 285 | Mont. | 1887
This action was brought for the purpose of obtaining a decree declaring the plaintiff to be the owner of certain water-rights, and that he be declared to be entitled to the use and enjoyment of the same; and also for a permanent injunction, restraining the defendants from interfering with the plaintiff in his use and enjoyment thereof. A verdict was rendered in favor of the plaintiff. A motion for a new trial was heard and overruled. An appeal ivas taken from the order denying said motion, and also from the judgment. - There is no judgment in the record; and it does not appear from the record that any judgment has been entered from which an appeal could be taken; therefore, the only appeal which we are called upon to consider is that which is taken from the order denying the motion for a new trial.
The only point made by the appellant is that the evidence is insufficient to sustain the verdict, because it appears therefrom that defendant first appropriated the water; and, to sustain his position, he calls the attention of this court -to portions of the evidence introduced by him in the court below. The record, as a whole, however, does show a decided conflict of testimony upon all the material issues in the case. There being a conflict of testimony, this court cannot reverse the order denying the motion for a new trial. See Lincoln v. Rodgers, 1 Mont. 217; Toombs v. Hornbuckle, id. 286; Ming v. Truett, id. 322.
It is not necessary for this court to consider the effect of
The order denying the motion for a new trial is affirmed,, with costs.
Judgment affirmed.