73 P. 660 | Utah | 1903
TMs case involves the ownership of the waters of Lost creek, Sevier county, Utah. At the close of the testimony the trial court said: “G-entlemen, I would like counsel to point out some fact or facts that have been established here by the evidence, or that the evidence tends to establish, that will enable the court to determine what the respective rights of the parties to this action are to that creek. I have paid very close attention, but I am unable to call to mind a scintilla of testimony that tends to show the amount of water that is there, how much Rex has been using, and how much the company claims that they are entitled to. If counsel can do so, the court will render a decree; if counsel cannot, the court will dismiss the case.” After a review of all the evidence in the
Nor is the decree in this ease sufficiently definite and certain as to be enforcible. It provides: “First.
It is ordered that the judgment be reversed, and the ease remanded to the court below, with directions to grant a hew trial, and that each party pay his own costs on this appeal.