19 P.2d 754 | Colo. | 1933
SUIT for injunction against a district water commissioner. A demurrer on the ground of defect of parties defendant was sustained. Plaintiff having elected to stand on its complaint, judgment of dismissal was entered. Error is assigned.
Plaintiff challenges the holding below on authority ofSan Luis Valley Irrigation District v. Carr,
The rule which we think is controlling is well stated inMcLean v. Farmers' High Line Canal and Reservoir Co.,
The demurrer was properly sustained and the ruling is approved. In relation to the final judgment, however, which was entered as a matter of course, the court in its discretion, plaintiff promptly moving to that end, may order vacation, and grant plaintiff leave to amend and join other parties as advised. Failing which the judgment shall stand affirmed.
MR. JUSTICE BUTLER and MR. JUSTICE CAMPBELL concur. *281